REVIVAL OF RELIGIOUS LEARNINGS IMAM GHAZZALI'S
IHYA UL UM-ID-DIN
THE BOOK OF WORLDLY USAGES
CHAPTER IV Halal & Haram 61
Different stages of doubtful things 70
Allowances and gifts of rulers 77
HALAL AND HARAM
(lawful and unlawful things)
The Prophet said : It is compulsory on every Muslim to seek lawful earnings. He termed this compulsory subject as a thing of wisdom for a wise man out of other compulsory things. Lawful things are clear and unlawful things are also clear. Between these two, there are doubtful things which are not clear and difficult to know. All things are limited within these three things. This will be discussed in seven sections.
MERITS OF LAWFUL EARNINGS AND
CONDEMNATION OF UNLAWFUL
QURAN : God says : Eat of the good things and do good deeds- 2:168. God ordered for eating good things before doing good deeds. The object of this order is eating of lawful things. God says : Don't eat properties of one another unjustly-2:188. God says : 0 believers, fear God and give up what remains of interest if you are believes-2.278. God says : If you do not do it, then be prepared to fight with God and His Prophet-2:289. Then He says : If you repent, then for you is the capital. Then He said: Those who turn away from that are the inmates of Hell. They will abide therein. At first, eating of interest, then call for fight with God and His Apostle and last of all residing in Hell have been mentioned. There are innumberable verses regarding lawful and unlawful things.
Hadis : The Prophet said : It is compulsory on every Muslim to seek lawful earnings. The Prophet said : He who makes efforts to maintain his family out of lawful earnings is like a fighter in the way of God and he who seeks lawful earnings after restraining himself will get the rank of a martyr. The Prophet said : If a man eats lawful food for forty days, God illumines his heart and lets flow wisdom from his heart through his tongue. In another narration: God grants him renunciation in the world. Once Hazrat Sa'ad said to the Prophet : Pray to God that He may accept my invocation. The Prophet said : Eat lawful food and for that your invocation will be accepted. The Prophet mentioned the worldly addicted men and said : There are many men who have got dishevelled hairs,
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dustladen dresses, are tired in journey, whose food is unlawful, whose dress in unlawful, and who have been maintained by unlawful food. If they raise their hands and say: '0 Lord' O Lord' how can their invocation be accepted ? The Prophet said : An angel residing in Boitul Muqaddas proclaims every night : Saraf and Adal will not be accepted from a person who eats unlawful food. Saraf means optional and sunnat actions and Adal means compulsory duties. In other words, compulsory duties and optional duties will not be accepted from him. The Prophet said If a man purchases a cloth with ten dirhams and if one dirham out of them is unlawful, his prayer will not be accepted till a portion of that cloth remains in his body. The Prophet said : The fire of Hell is fit for the flesh which has been grown by unlawful food. The Prophet said : If a man does not care wherefrom he earns his wealth, God will not care by which path he will enter Hell. He said : There are ten shares of worship, nine of which are in lawful earnings. The Prophet said : he who passes times upto evening in search of lawful earnings passes the night in a state of his sins being forgiven and rises at dawn when God remains pleased with him.
The Prophet said: If a man earns by sinful acts and gives it in charity or action of an kindness or spends it in the way of God. God will throw him into Hell after collecting everything. The Prophet said : The best of your religion is to keep away from unlawful things. He said : If a man meets God after refraining from unlawful things. God will give him reward of the entire Islam. In an earlier scripture, God said with regard to those who refrained from unlawful food : I feel ashamed to take their accounts. The Prophet said : One dirham of interest is more serious to God than thirty fornications. The Prophet said : Stomach is the fountain of body and the veins come out of it. When the stomach is sound, the veins come out with health, and when it is unsound, they come out with disease. Food in religion is like the foundation of a building. When the foundation is strong and firm, the building stands straight and it can be raised up, and if the foundation is weak and curved, the building inclines to a side. God says: Is not he who establishes God Fear and God's pleasure in the foundation of his religion better than he who lays foundation by the side of Hell fire ? The Prophet said : The wealth which a man earns from unlawful things will not be accepted from him even if it is given in charity. If he leaves it after
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his death, he will increase the fire of Hell therewith. Many traditions have been mentioned in this chapter on earnings and I don't wish to repeat them here.
Wise saying. It has been reported that one Hazrat Abu bakr drank a little milk given by his female slave and asked her about it. She said : I prophesied to a people who gave it to me for that. Then he thrust the fronts of his fingers into his throat and vomited in such a way that his life was in danger. Then he said : 0 God, I pray to Thee for forgiveness of what remains attached to my throat and to my'stool. In another narration, it is said that when the Prophet was informed of it, he said : Don't you know that Abu Bakr does not allow anything to his belly except lawful food ? In a similar way, Hazrat Omar drank the milk of a camel throat of Zakat through mistake. He thrust his fingers into his throat and vomitted it, Hazrat Ayesha said : You are heedless of the best divine service. That is to be safe from eating unlawful food. Hazrat Fuzail said : He who takes care of what thing he admits in his belly, God records him as Siddiq. So, 0 needy man, look with what thing you break fast. Sufiyan Saori said : He who spend in charity out of unlawful wealth is like the person who washes impure clothes with wine. Impure things cannot be purified except with water and there is no expiation of sins without lawful things. Hazrat Ihya-b-Muaz said : To perform religious duties is God's secret treasure, invocation is its key and lawful food is its teeth . Hazrat Ibn Abbas said ; The prayer of a man in whose belly there is unlawful food is not accepted by God.
Hazrat Sahal Tastari said : The truth of faith does not reach a man who does not possess four qualities-(a) Performance of compulsory duties along with sunnat, (b) carefulness in eating, (a) giving up the prohibited things openly and secretly and (d) observing those rules with patience upto death. He said : He who likes that the signs of a Siddiq should be opened up for him should not eat except lawful things and should not follow except the ways of the Prophet. It is said that the heart of a man who eats doubtful things for 40 days becomes enveloped with darkness. That is the meaning of the following verse : Never, rather rust has fallen upon their hearts on account, of what earned-83:14. The Abdul Mobarak said : To return a coin of doubt to its owner is better than charity of one lac dirhmas. Sahal Tastari said : The
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limbs of a man become disobedient who eats unlawful food willingly or unwillingly, knowingly or unknowingly. The limbs of man who eats lawful food become obedient to him and help him in doing good deeds. There is a well-known Hadis : There is account of lawful things in the world and punish for unlawful things. The narrator added to it: There is rebuke for a doubtful thing.
A certain religious man served food before an Abdal. Without eating it, the latter asked him about it and said : Who don't eat except lawful food for which our hearts remain firm, our conditions become lasting, the affairs of heaven are disclosed to us and we see the next world. If we eat only three days what you eat, knowledge of our sure faith will disappear, and fear and actual vision will go from our hearts. The man said to him : I fast throughout the year and recite the Quran 30 times every month. The Abdul said to him : The water which I drink at night and what you see are dearer to me than your reciting the Quran thirty times in three hundred rakats of prayer. The milk of deer was his drink. There is written in the Torah : If a man does not care wherefrom he eats food, God also will not care by which door of Hell He will throw him in Hell.
CLASSES OF HALAL AND HARAM
(1) Things which are naturally unlawful. (2) and earnings which are unlawful.
(1) The things which are naturally unlawful are wine, blood, meat of pigs, dead animals, etc. The things fit for eating in the world are of three kinds, (a) minerals, such as salt, (2) vegetables and (3) animals.
(a) First kind-Minerals. Minerals are of different kinds. What grows out of earth is not unlawful four eating except what causes harm. There are things which have got the effect of poison. They are unlawful as they are injurious things.
(b) Second kind-Vegetables. They are not unlawful for eating except those vegetable which remove intellect, take life and ruin health. The things which destroy intellect are wine and intoxicants. The things which destroy life are poisons. The things which ruin health are medicines used out of time.
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(c) Third kind-Animals. They are of two kind-(1) what is eatable (2) and what is not eatable. Birds, beasts and animals in land and water which are fit for eating. and which, if sacrificed according to the rules of Shariat, become lawful . What is not sacrificed according to the rules of Shariat and what is dead are unlawful, Out of dead animals, two kinds are lawful-fish and locusts. The following animals are lawful according to this rule-worms in food-stuffs and fruits. etc. What is not liking to a particular person is Makruh for eating. The Prophet said Immerge a fly if it falls in food.' If an ant falls in food, it does not become impure. If a portion of flesh of a dead man falls in food, the whole food becomes unlawful. It is not on account of impurity, as man does not become impure after death, but it is out of horror. Animal, if sacrificed according to Shariat, becomes lawful except its blood and what is attached' to its impurities. Regarding vegetables, what produces intoxication in unlawful and what removes intellect is unlawful . One drop of an impure thing renders food unlawful.
(2) Second kind-unlawful things by earnings: There are two kind of earning- what is taken willingly or unwillingly and what comes to the owner spontaneously. What is taken willingly or unwillingly are of two kinds. (a) One kind is what is taken without the knowledge of the owner, such as minerals underneath the ground. Another kind is what is taken from the owner himself. The latter is of two kinds. (1) What is taken by force from him, (2) and what is taken with his permission. What is taken by force is again of two kind-(a) what is taken from the maintenance and care of the owner, such as quadrupeds, (b) what is taken from him by virtue of power of the ruling authorities, such as Zakat and other economic liabilities. What is taken with the permission of the owner is of two kinds--(a) What is taken from him in exchange, such as buy and sale, dower, wages, and what is not taken in exchange, such a gift, waist. Thus the things of earnings are of six kinds.
(1) To become owner of the things of which there is no owner, such as minerals, to make barren land fertile, to gather fuels and woods from jungles, to take water from river, to take grass, etc. To take these things are lawful provided there is no owner of these things.
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(2) What is taken by force and what is not prohibited are the properties gained after battle and without actual battle. They are lawful for all Muslims when one-fifth is taken out from the war booties and divided justly among those who are entitled to them. It is unlawful to take booty from those unbelievers with whom there is treaty.
(3) What can lawfully be taken by force inspite of prohibition of the owner, such as Zakat . It can only be taken by the ruling authorities. (4) What is taken in exchange of things with the consent of the owner is lawful, such as buy and sale transactions. (5) What is taken simply with permission without exchange of things, such as gifts, will, etc. is lawful. (6) What comes spontaneously in possessions, such as properties by inheritance after deduction of necessary expense-sueh as funeral expenses, death instructions by will or otherwise, expenses of expiations of religious duties, expenses of pilgrimage, etc. They are lawful.
DIFFERENT STAGES OF HALAL AND HARAM
Know, 0 dear readers, that every thing unlawful is bad, but there are different stages of illegality of things of which one is worse than another. All lawful things are good and there are different stages of legality therein and one thing is better than another. There are four stages of legality of things.
(1) First stage is lowest and it is forbearance of just and ordinary Muslims. It is to save oneself from the unlawful things prescribed by Shariat. This is the lowest stage of piety.
(2) Second stage is the forbearance of the pious. They refrain from lawful things bounding on illegality. A faqih will give its decision as lawful as it is a subject of doubt but the pious men keep away even from these doubtful things.
(3) Third stage. This is the stage of forbearance of God. fearing men. God-fearing men keep aloof from even such things as are lawful and free from doubt. If these are always practised, these may turn into Halal and as a result they have chance of falling into doubtful things. For this, God-fearing men keep aloof even from things free from doubt. The Prophet said : A man cannot reach the stage of God-fearing men till he gives up things free from doubt for fear of falling into things of doubt.
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(4) Fourth stage: In this stage, these God-fearing men give up even lawful things free from doubt even if there is no fear of failling into doubtful things, because they fear that those things may not be for God. They are called Siddiq.
EXAMPLES OF THE ABOVE FOUR-STATES
(1) No example is necessary in the case of the first stage, as the unlawful things are clear and a religious man must keep himself distant from these unlawful things.
(2) In the second stage, there is the forbearance of the pious from every doubtful things bordering on illegality. It is not compulsory to give them up, but it is commendable. The Prophet said: Give up what raises doubt in your mind and take what does not raise doubt in you. The Prophet said : Eat the games of hunting on which there are marks of shooting and which die in presence. Don't eat what goes beyond sight being wounded and then it is presented dead in front.' Though it is not unlawful, it is the forbearance of the pious men. It is an order of the Prophet-Give up what raises doubt in your mind.
(3) In the Third stage, it is the forbearance of the God-fearing people. This Hadis bears witness :A man cannot reach the stage of a God-fearing man till he gives up things free from doubt for fear of things of doubt. Hazrat Omar said : We have given up nine portions of lawful things out of ten portions for fear of falling into unlawful things. Hazrat Abu Darda'a said God-fear gains perfection at the time when a servant fears a very small thing. Even when he sees a lawful thing, he gives it up for fear of falling into unlawful things. Some examples are given below:
(1) A certain religious man took loan of one hundred dirhams. When he brought the dirhams for payment, the creditor took only 99 dirhams. Ali-Ma'bad said : I took a house on rent. I wrote a letter thought that I should take a little earth from its wall and soak the ink of the letter and I did accordingly. When I slept, I dreamt that a certain man was saying : 0 Ali-Ma'bad, you will know tomorrow on the Resurrection Day that the owner of the house will demand the little earth you used. By this act, he fell from the rank of God-fear.
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(2) During the Caliphate of Hazrat Omar, the umsk of Bahrain gained as result of battle reached him. He wife began to measure it when Hazrat Omar said: I don't want that you should place your hands on it and say afterwards that something of it remained in your hands on account of touch. This is the property of the Muslims in general and you can't get more than what you are entitled to from the property of the general Muslims.
(3) Once musk was measured before Caliph Abdul Aziz. He kept his nose shut up lest its smell entered his nose. He said What benefit has it got except its scent ? This benefit only is sought from it.
(4) Once the Prophet's grandson Hasan put into his mouth one dried-grape out of the grapes of Zakat. The Prophet said Throw it off, Throw it off.
(5) Once a man went to see his friend at night. Soon after his death, he put out the light and said : The right of inheritance has occurred in the oil.
(6) Hazrat Omar gave to his wife some musk for sale. She sold it to another seller. At the time of sale, she began to break one piece by her teeth for which something was attached to her fingers. Hazrat Omar smelt scent from her and said: You have taken the scent of the Muslim in general. This he did to become a truly God-fearing man though it is not unlawful.
(7) Imam Ahmad-b-Hambal said : To smell sent of a tyrant ruler destroys the piety of a man.
(8) When Hazrat Omar became Caliph, he had only one wife whom he loved very much. He, however, divorced her for fear the she might intercede to him for an unlawful thing and perchance he might accept her intercession. For this reason, things free from doubt were even given up for fear of falling into doubtful things. Being habituated to many lawful things, one is led to unlawful things, such as too much eating, excessive use of scent, etc. If too much food is eaten, sexual passion rises high and it leads to unlawful cohabitation. Similarly to look at the beautiful buildings and the pomp and grandeurs of the rich may tempt one to follow them.
(9) There is no benefit to white-wash the walls of a building. Imam Ahmad held it as Makuh or a abominable. When the
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Prophet once was asked about painting in the mosque. He said: There is no Arish like the Arish of Moses. Arish is a pearl-like antimony with which a-thing is painted. The Prophet did not hold it lawful.
(10) The ancient sages said : The life religion of a man whose cloth is thin is also thin.
(4) Fourth stage is the forbearance of the Siddiqs. To them, those things are lawful in which there is no transgression and which do not help the commission of sin. The object of their every action is to please God and they have God-fear in all their deeds. They live for God and they think that what is done except for God is unlawful. They follow this verse : Say God and then leave them sporting in their useless talks. This is the rank of those who follow Tauhid. The following arc. some examples of their piety.
(1) Once the sage Ihya-b-Quran used a medicine. His wife said to him : Walk for a while within the house, so that the medicine may work. He said : I don't know of such walk. I am counting my breaths for the last thirty years. He did not consider it connected with religion.
(2) Hazrat Sufiyan Saori said : Once I got upon a hill and saw a, fountain and vegetables. I wished to eat something of the vegetables and drink water. Then I thought that I would eat a lawful thing to-day . An unseen voice said : Wherefrom has the strength which has taken you to this stage come ? Then I became repentant and begged forgiveness.
(3) The sage Zunnun Misri was once imprisoned and began to pass time without food. He then became hungry. A woman sent some food to him through the hand of one of the men of the prison, but he did not eat it on the ground that the hand of an oppressor took it to him.
(4) The sage Bashar Hafi did not-drink water of a canal dug by a tyrant ruler although this was lawful. For this reason. Hazrat Abu Bakr vomitted the milk he drank for fear that the strength of unlawful thing would increase therefor.
(5) Once a servant of a sage took some fuel from the fuel of a transgressor. He put it off on the ground that the fuel was unlawfully earned.
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These are some of the instances of God-fear of the early sages and pious men. God-fear reaches its climax in the fourth stage of the Siddiq or greatly truthful man.
DIFFERENT STAGES OF DOUBTFUL THINGS
The Prophet said: Lawful things are clear and unlawful things are also clear and between them there are the doubtful things. Most of the people do not know them. He who saves himself from doubtful things purifies his honour and religion. He who falls in doubtful things may fall in unlawful things like the shepherd who has got chance of falling into reserved grazing ground he grazes his flock of sheep round it. What is troublesome and unknown to the majority of the people are the doubtful things which should be discussed.
A lawful thing is what is naturally free from unlawful things, such as the water of sky. Before it goes into the possession of there, The people take it and store it in their lands. An unlawful thing is that which is naturally unlawful for its own defect, such as intoxicant, wine, stool or that thing which is earned by unlawful method, such as the earnings by oppression, interest, etc. These are fixed, open and clear. In between these Halal and Haram or lawful and unlawful things, there are doubtful things which change the condition of Halal and Haram. A lawful thing become unlawful when it goes into possession of another for which doubt arises in most cases. If a man gets a fish and thinks that it has come from the possession of another, there arises doubt in his mind whether it is lawful or unlawful for him. This doubt should have reason and not only mere conjecture. Doubt arises out of two conflicting beliefs which come into clash with each other.
DOUBT ARISES OUT OF FOUR PLACES
(1) First place is doubt in the course of Halal and Haram: It has got four classes-(1) A man knows a thing to be'unlawful before but doubt arises in the matter of its being lawful. It is compulsory to give up this doubt and to take it as unlawful. For instance, an hunted animal falls into water and it is lifted up as dead from water. To eat its meat is unlawful. There is no place of doubt in it. The Prophet said to Ad: Don't eat it. your dog
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perchance has not killed it. Whenever anything was brought to the Prophet, he used to enquire if doubt arose in his mind, till he knew whether it was present or Zakat. (2) Though a thing is lawful, yet one doubts that it may be unlawful. The thing is basically lawful but owing to peculiar circumstances, one doubts whether the legality of that thing still remains. For instance, two men quarrelled with each other, one man said to another : Your are a hater. A God-fearing man should leave them on doubt : (3) A thing is basically unlawful but a cause prevails upon it so strongly that it becomes lawful. It becomes a subject matter of doubt and becomes strong of its being legal. For instance, an animal after being shot disappeared. Afterwards it was found with signs of only shooting in its body. It might be that it died owing to other reasons. Thus doubt arises weather its meat is law Tu1 A-God--fearing man refrains fiunredGng its meat TFhe Prophet said : Eat it although it disappear from you till you find the si gn of your arrow on its body (4) A thing is knowinglt lawful, but it becomes unlawful at last owing to the decision of Shariat. For instance, a pot is lawful but doubt arises whether there is any impurity in it. So to drink water from it becomes unlawful.
(2) Second place of doubt-mixture of Halal and Haram: Halal and Haram become mixed and are not kept separate and therefore doubt arises whether it is lawful or unlawful . There are three kinds of this mixture of lawful and unlawful things. (1) One unlawful thing is mixed up with limited number of lawful things, for instance the meat of a dead goat is mixed up with the meat of some sacrificed goats. Doubt in these things are to be given up, as there is no'sign therein that the meat of a dead goat has been mixed. If there is reasonable doubt that the meat of a dead goat has been mixed, it will be unlawful. (2) The second hind is the mixture of limited number of unlawful things with unlimited number of lawful things, for instance two foster sisters mix with the women of a town. One can marry any woman of the town if the foster sisters cannot be identified, or if there is prevalence of interest in a certain town, it is not unlawful to accept coins of that town. (3) The third kind is the mixture of unlimited number of lawful things with an unlimited number of unlawful things. In such a case, if the unlawful things can be identified, it will be unlawful to enjoy them, otherwise not, but to give up a doubtful thing is a sign of piety. The soldiers of Yezid looted the properties
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of Medina for three days, but yet the companions did not prohibit the people from buy and sale of the goods of the Medina market which consisted also the looted goods. If there is impurity on the pathways, prayer can be said on them, as the earths of pathways are pure. The companions sometimes prayed with their sandals and shoes.
(3) Third place of doubt: Any sin found in any cause making a thing lawful relates to the thing itself, or to its end, or to its beginning or to another thing in exchange of the thing, but it is not such a sin which nullifies an agreement or any cause which makes a thing lawful. Sin relating to a thing itself is, for instance, buy and sale after Azan for Jumma prayer, cutting wood by a stolen axe, selling over the sale of another. These are not unlawful things-Sin-relating to the -end- of aching-is---all. extravagant expenses which show the path towards sin, for instance, to sell grapes to those who prepare wine, to sell instruments to dacoits. There is difference of opinion among the jurists whether these are lawful or unlawful. Sin relating to the beginning of a thing relates to three stages-highest, middle and lowest. The most detestable is to eat the meat of a goat which has eaten then the grass taken illegally. The less detestable than the former is not to use water of a canal dug by a tyrant. Still less detestable is to restrain oneself from lawful thing that has come through the hand of a tyrant. Sin relating to a thing of exchange has got also different stages-highest, middle and lowest. The most detestable is to purchase a thing on credit and to pay its price by unlawfully acquired money. The less detestable is to givegrapes to a drunkard, to give instruments to a dacoits in lieu of price. The least detestable is to accept the price of a n unlawful thing, such as wine.
(4) Fourth place of doubt: This arises out of diversity of proofs of Shariat in order to distinguish between a lawful thing and unlawful thing. This doubt is of three kinds-U) contradictory proofs of Shariat, (b) contradictory signs, (c) and constradictory doubts. With regard to the first, the verses of the Quran or the sayings of the Prophet contradict each other. This creates doubt in mind. In this case, what is strong prevails and if any proof does not become strong, it reverts to its original proof. If illegality of a thing is not strong, it becomes lawful. if there is doubt, it is better for piety to give it up and it is the subject matter
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of dispute between jurists and theologians. It is better to accept the opinion of a Mufti who is well-known in a locality for learning and piety, just as it is better to go to a physician who is well-known in a locality for his knowledge of medical science. If the theologians are unanimous with regard to a certain question, all should accept it. If any proof of legality of a thing is not strong, he should better give it up. There are three stages with regard to this matter.
First stage: It is better to give up a matter which has got a weak proof in favour of a matter which has got a strong proof. The Prophet is reported to have said : A believer sacrifices in the name of God, whether he utters 'Bismillah' of not. This is contradictory to a clear verse of the Quran and some traditions in
which-it-is-said-that- to otter -of sacrifices is compulsory. So the former tradition shall have to be given up.
,Second stage: It is near baseless conjecture. For instance, to give up eating the young one of an animal found in its womb after lawful sacrifice. There is in authentic Hadis that the sacrifice of mother should be considered as also the sacrifice of its young one in its womb. So the former conjecture is to be given up.
Third stage: A thing is authenticated as legal by only one tradition. It is better not to come to a decision relying on only a single Hadis on a particular subject if there are differences of opinion . It is not unlikely that the narrator might have committed mistake in narrating it or he might have committed mistake in hearing it. But there is no reason to oppose the tradition without a cause. There is no mention of a grandson becoming an heir to his grand father in the Quran, but the companions are unanimous in holding that a grandson becomes an heir to his grandfather in absence of his father. When difficulty arises in these matters, one should take decision according to his conscience as it does not dictate without truth. The Prophet instructed us to take decision according to our conscience in case of doubtful things.
(2) Second kind: If the is greater proof towards illegality, it should be considered'as unlawful ; and if there is greater proof towards legality, it should be considered as lawful.
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(3) Third kind: Proof is equal towards legality and illegality and doubt is also equal in both the cases. For instance, a man is to distribute some money among the poor. There are poor persons who have got something but they are not rich. So doubt arises whether such persons are really poor fit for acceptance of the money. This is a very subtle question. In this case if one possesses only necessary things, he can accept the charity but if he possesses more than what is necessary for him, it is prohibited. There is also no limit to necessity. For this reason, the Prophet said : Give up what raises doubt in your mind and take to what is free from doubt. For this reason, it is written in the Zabur that God revealed to David : Tell the children of Israil : I do not look to your prayers and fasts. I look to the person who gives up a thing when doubt arises in his mind for My sake. I help him with My help and take glory for him beforeMy angles.
ARGUMENTS AND QUESTIONS
Know, 0 dear readers, that whatever comes to you as food or present or whatever thing you wish to buy or to make gift, you should not raise questions in all cases or say this : I shall not accept it as lawful till enquire about it. On the other hand, don't give up enquiry in some matters. In some case, therefore, it is compulsory to enquire, in some cases unlawful , in some cases praise-worthy in some cases not commendable. So there is place of doubt, in cases of questions and enquiries. The place of doubt has got connection either
(1) Connection with the owner of a things: It has got three states. (a) The first state comes when the owner is unknown. (b) The second state comes when there is doubt about the owner. (c) The third state is to know the condition of the owner by some sort of proof.
(a) First state: When you enter an unknown town or place, you meet with strangers and unknown persons and donot know their character and conduct and so you entertain doubt about them. Eusul-b-Asbat said : I used to give up doubt whenever it arose in my mind for the last 30 years. The rule is that if any of them gives you food or drink, you should enjoy it without doubt and you should not entertain evil conjecture about him. as some conjectures are sins. If there is sufficient cause of doubt, it is
unlawful to enjoy them. The Prophet used to accept any invitation without enquiry. Once a tailor invited him and he accepted it. Once a Parsee invited the Prophet to which he asked him : I and Ayesha ? The Parsee said : You and not Ayesha. The Prophet did not accept the invitation but when he invited both, he accepted it. Hazrat Abu Bakr enquired about the earnings of a slave when a strong doubt arose in his mind. It is not good to ask; Wherefrom his this thing been procured, as it gives pain to the mind of a Muslim. God says : Give up most conjectures. Some conjecture is sin. Don't spy and let not some of you backbite others. Once the Prophet ate the food of Barirah. He was informed that it was Zakat property. The Prophet said : It was Zakat property for her but for us, it is present. So baseless doubt should be given up.
(2) Second State. It occurs when there is doubt about the owner owing to the causes of proof. The causes of proof that a thing is unlawful are the character of the owner, his dresses, his actions etc. or he is a well known dacoits, thief, tyrant or his actions are opposed to the fundamental principles of Shariat. In such cases, two sorts of doubt arise in mind. One sort of doubt arises from the fact of possession of a thing which indicates ownership of the thing. It is lawful to accept the thing, from such possessor. The second sort of doubt arises strongly from the sign of a thing that it may not be lawful. In such a case, it is better to give it up. The Prophet said : Give up what raises doubt in your mind for what does not raise doubt. It is commendable ... The Prophet also said : Doubt of mind is a sin. The Prophet also enquired in case of doubt whether a thing is zakat or present. Hazrat Omar enquired about milk and Hazrat Abu Bakr about the earnings of a slave in case of doubt.
(3) Third state: Experience or news give indication of a thing being lawful or unlawful. if a man is honest pious and trustworthy, his thing can be considered as lawful even though it may be otherwise. In this case, it in unlawful to enquire about such a thing in his possession. To eat food of the pious was the rule of Prophet and friends of God. The Prophet said : Don't give your food to be eaten except by the pious and don't eat food except of the pious.
(2) Second place of doubt in connection with things: In this place, lawful and unlawful things become mixed. In the market
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where the looted properties and properties gained by theft and dacoity are mixed with lawful properties. A buyer should not enquire about the legality or otherwise of the properties of the market. If however, it is disclosed that most of the properties of the market are unlawful , the enquiry becomes compulsory, otherwise not. The companions used to do it. They did not enquire except in doubtful cases. Hazrat Ibn Masud said : You are the inhabitants of such a town where there are the Magians also. So look to the meats of sacrificed animals and the hides of dead animals : If most of the properties are unlawful, it is not lawful to take them. If the meat of a sacrificed animals is mixed with the meat of ten unsacrificed animals, it becames compulsory to give up the meat. Hazrat Ali said : Take what a ruler gives you as he generally gives from lawful things. Hazrat Ibn Masud was once
bad man ? Yes he replied. He was once asked by another : Shall I accept the invitation of a man who takes interest ? Yes he replied. Hazrat Ali did not accept anything from the state treasury. He had only one wearing cloth and he had no other cloth even for his bath. Once Hazrat Abu Hurairah produced before the Caliph Omar abundant wealth of the state to which he enquired : Are these properties lawful ? In a similar way Hazrat Ali said : There is nothing dearer to God than the justice and kindness of a leader and nothing more hateable than injustice and oppression of a leader.
KNOWLEDGE OF LAWFUL AND UNLAWFUL THINGS
If any man has got in his possession unlawful things mixed with lawful things, he should adopt two means
(1) To separate the unlawful things from the lawful things and (2) to know the modes of spending the lawful things. With regard to the first means, it has got two conditions-(a) mixture of lawful and unlawful things of the same kind, for instance crops, money oily things etc. (b) mixture of unlawful thing with a different kind of thing, such s dresses, houses etc. In such cases, quantity is either known or unknown. If for instance, half, of the thing is unlawful , it should be separated . It is lawful to keep doubtful thing but to give it up is better and piety. The repentance of a man is not accepted till the total income of a property taken by oppression is returned to the rightful owner.
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(b) The mode of spending unlawful things taken out of lawful things. It is compulsory to return the unlawful things to the rightful owner and in his absence to his heirs. It is also compulsory to return the income and profits arising out of these properties to them. If the owner or his heirs are unknown, they maybe given in charity to the poor.
Question may arise-how can an unlawful thing be given in charity when he has got no right tot do it ? In support of this, there are traditions of the Prophet. When cooked mutton was presented to the Prophet, the mutton informed him that it was unlawful. The Prophet then ordered it to be given in charity saying : Give it to the war prisoners for eating. Once the property of gambling was brought by Abu Bakr to the Prophet who said : It is unlawful. Give it in charity. Hazrat Ibn Masud purchased a - slave-girl but he could not find her master inspite of continued search. Then he gifted away her price to the poor on behalf of the master. Imran, Ahmad . Hares and Mohasabi supported this view. Where the owner is not found, either such an unlawful property shall be destroyed or spent for the good of the people. The latter method is better. The Prophet said : A cultivator or a planter of trees will get rewards for the crops and fruits which the people and birds and beasts eat. The rule that except the lawful things nothing can be given in charity applies to the case where we seek rewards for charity. In the case of charity of unlawful things, we seek salvation only for ourselves.
The saying-what we love for ourselves, we should love for others is true, but in case of charity of unlawful things, it is unlawful for our enjoyment, but lawful for the poor. If the receiver of unlawful property is himself poor, and the owner is not traceable, he can legally use it up to the limit of necessity for himself and for his family members. The Quran also allowed eating of unlawful foods like wine in case of extreme necessity to
ALLOWANCES AND GIFTS OF RULERS AND KINGS
A man is required to look to three things, in accepting the allowances and gifts from the rulers and kings-(1) the source of wealth. (2) the right of acquring it, and (3) the quantity of lawful and unlawful things there in.
. 1 , . I I I
I 1 I
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(1) The source of wealth of the rulers: The ruler has got right along with his subjects in reclaimed lands, booties gained in war and without war against the unbelievers, properties that have got no heirs and waqf properties which have got no mutawallis or managers. Besides these, all other properties are unlawful for him such as revenues, fines, taxes and other sources of income to the state. If a ruler gives any Jaigir, gift or rewards to any man, he gives them generally out of eight kinds of properties- poll-tax, hairless property . Waqf, reclaimed land, purchased property, revenue realised from the Muslims, wealth out of merchandise or specially fixed revenue. With regard to poll-tax on the unbelievers, four-fifth will be spent for the good of the people and one-fifth only for special purpose. With regard to the heirless property, it is to be spent for the good of the Muslims. Waqf property is to be spent for the purposes as fixed by the Waq f or doner. In the lands reclaimed by the ruler, he has got freedom to spend it in any way he likes. Similar is his freedom in case of landed properties, dresses horses and other things purchased by the ruler. The taxes imposed upon the Muslims, the booties, fines etc, are all unlawful for a ruler except in case of the profits arising out of his personal business with others. The taxes specially imposed upon a person are unlawful for a ruler.
(2) Right of acquisition: Some learned men say that if it is not established that there is any illegality in a property, it may be accepted. In support, they cite the following instances. There were many among the companions who lived up to the time of the tyrant rulers and used to accept properties from them. Such were Abu Hurairah, Abu Sayeed Khodri, Zaid-b-Sabet. Abu Ayyub Ansari, Jarir-b-Abdullah, Anas-b-Malek and others. Some of them received from Caliphs Merwan and Yezied-b-Abdul Malek., some from the tyrant governor Hajjaj, Imam Shafeyi received once from Caliph Harun Rashid one thousand dinars. Imam Malek also received them from different Caliphs. Hazrat Ali said: Whatever a ruler gives you he gives out of lawful things. He himself did not accept it out of a greater sense of piety, When Imam Hasan came to Caliph Muwayiah, the latter gave him four lac dirhams which he accepted. These sages used to accept the properties of tyrant rulers. The supporters of the above opinion say that some of the sages did not accept them out of greater sense of piety. This does not show that it is illegal. Such men were the rightly
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guided Caliphs, Abu Zarr and other sages who renunciated the world.
FOUR STAGES OF PIETY: There are four stages of piety in relation to the acceptance of properties from rulers.
First stage: In this stage of highest piety, the rightly guided Caliphs and a party of extremely pious men did not accept anything from the state Treasure and rulers. The allowance which Hazrat Abu Bakr received from the state Treasury as a ruler amounted to six thousand dirhams after accounting. He afterwards deposited it in the Treasury. Once when Hazrat Omar was counting the wealth of the State Treasury, his young daughter concealed a dirham therefrom. When he found it on engtiiry hedepositediti BaituarMatHazratAbuMusaAsh'ari found dirham at the time of sweeping the house of the Treasury and gave it to the young daughter of Hazrat Omar . The latter took it from her and deposited it in the Treasury. Hazrat Omar said in connection with the wealth of State Exchequer : I see myself in connection with this wealth as a care taker of an orphan's property. If I am solvent, I refrain from taking anything from it. If I am in want, I enjoy from it in a just manner.
Second stage: Take from the ruler when you know that his wealth is legal. He will not suffer if anything unlawful in it is disclosed afterwards. This is supported by the companions. The companion Ibn Omar said about the tyrant ruler Hajjaj : I have not eaten to my satisfaction since he captured the seat of Khilafat till to-day . It is related of Hazrat Ali that he had some wheat in a sealed cup out of which he used to- eat and drink. On being questioned, he said : I don't wish to fill up my belly except t with pure things.
Third stage: You can accept the gifts from a ruler and give them in charity to the poor or divide them among those who are entitled to them, even though the ruler is a tyrant. For this reason, many persons used to accept gifts from the rulers. Whatever Ibn Omar got from the rulers was distributed by him among the poor. One day he distributed sixty thousand dirhams among the poor. After this, a poor man came to him and he gave him some dirhams after taking loan from a man. Hazrat Ayesha also used to do like that. Imam Shafeyi accepted gifts from Caliph Harun
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Rashid and distributed them among his relatives without keeping anything for him.
Fourth stage : In this stage, the properties of the rulers have been established to be illegal and therefore can not be accepted, nor can be given in charity. Accept from the rulers such properties as are mostly lawful.
These are the four stages of piety. In our times, most of the properties of the rulers are unlawful, as Islamic State Treasury consisted of only Zakat and the properties gained by war and without war but now nothing of these items is found in the present State Treasuries. Besides' there is difference of the people who received gifts from the rulers of past ages and the people who receive gifts-now from the present rulers. The rulers of-past ages' used to make gifts to the learned and the sages who attracted their minds in their favour while the present rulers make gifts to the people who can make flattery to them by falsehoods.
The receivers of gifts should be qualified to receive them according to Shariat. For instance, there are definite persons prescribed by the Quran to receive Zakat, war spoils, one fifth of properties gained without war, heirless properties. The properties fixed for the Muslims in general must be spent for them only and it will be illegal to spend them for others. Hazrat Omar said : Every Muslim has got right to get money from Baitul Mal, because he is a Muslim and he increases the number of Islamic Brotherhood.
The wealth of Baitul Mal is for good of the people. The good is connected with the religion and with the State. The learned men of the religion are the guards of the religion and the soldiers are the guards of the State. The religion and the state are interconnected, one cannot be separated from the other. So the learned men of the religions as well as soldiers of the state are entitled to receive wealth from the State Treasury. The officers of the state come under the category of the guardians of the state and so they have got right in it. The rightly guided Caliphs used to give allowances to the Refugees and Ansars from the State Treasury and did not see their wants. It rested on the wishes of the rulers regarding the amount. Hazrat Muwayiah gave Hasan
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one day four Lac dirhams. Hazrat Omar fixed twelve thousand dirhams yearly for particular persons including Ayesha, ten thousand dirhams for some persons and six thousand dirhams for some persons. Even there remained nothing after distribution in Baitual Mal. Hazrat Abu Bakr used to distribute equally. Hazrat Omar amended it and used to give more or less as he wished. He used to give to Ayesha 12 thousand dirhams. Zuairiyah six thousand, Zainab ten thousand, Hazrat Ali a Jaigir, Hazrat Osman five gardens. All the companions agreed to the distribution of these two Caliphs as they believed in their sense of justice and honesty of purpose.
In this section, it will be discussed when frequenting to rulers is lawful and when unlawful. Three conditions arise in frequenting the rulers-(1) evil effects of frequenting them, (2) the manner to be observed, (3) and to keep aloof from them.
(i) First conditions : It is not commendable to frequent the rulers and administrators according to Shariat. A great deal of warnings to this effect was given by the sages and learned men of the religion.
HADIS : The Prophet mentioned about the tyrant rulers and said : He who keeps away from them will get salvation. He who keeps separate from them will be safe or near safety. He who falls with them in their worldly passions will belong to them. The Prophet said : There will be false and oppressive rulers after me. He who supports their falsehood as true and helps their tyranny does not belong to my followers and I am also not of him. He will not be able to take drink from my Fountain. The Prophet said . The learned man who frequent the rulers is an object of hatred near God. He said : The rulers who frequent the learned are good and the learned men who frequent the rulers are bad. The Prophet said : So long as the learned men do not mix with the rulers. they become guardians of trust of the Prophet for the servants of God ; when they mix with them, they commit treachery with the Prophet. So be careful of them and keep away from them.
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Wise sayings : The sage Huzaifa said : Be careful of ruinous places. He was questioned : What are those places ? He said: The Darbars of the rulers. Hazrat Abu Zarr said to Salma : Don't frequent the darbars of the rulers, as the harms of religion will be greater than the benefits you get from them. Hazrat Sufiyan said There is a valley in Hell. The learned men who frequent the rulers will live in it. Hazrat Obadah-b-Swamet said : if a pious learned man loves the rulers, he commits hypocrisy and if he loves the rich he commits show. Hazrat Omar-b-Abdul Aziz appointed an officer. He was then informed that the was an officer of tyrant. Hajjaj. He dismissed him on this ground. The sage Fuzail said : The nearer a man goes to the rulers, the distant he becomes from God.
From the above tradition and wise saying,, it appears that many dangers and difficulties arise out of mixing with the rulers and frequenting their darbars. He who frequents them faces sin, as by his actions, silence, words and invocations, he commits disobedience to God. If he bends his head to a tyrant ruler, or kisses his hand and does actions like that he commits sin. If he sees actions in the Darbar of the ruler which are unlawful, he commit sin by his silence as it is his duty then to protest against such illegal actions. If one praises him and supports his illegal actions, he commits sin. If he invokes God for the long life of a tyrannt, it is illegal. The Prophet : He who prays for long life of a tyrant loves sins. The Prophet said : When any man praises a transgressor, God him. He said : When a man honours transgressor, God hates him. He said. When a man honours a transgressor, he helps the destruction of Islam. The sage Sayeed-b-Musayyeb was asked by Caliph Abdul Malek to swear allegiance to his two sons-Walid and Solaiman. he said : I will not take allegiance to them till night and day turn as the Prophet prohibited allegiance to two persons. As a result, he was flogged and made to wear dress of disgrace.
(2) Second condition: Salute a tyrant ruler and stand up in his honour as in the contrary case, disturbance may occur among the subjects. After interview, give him sound advice and inform him of the injunctions and prohibitions of Shariat. Once Caliph Muhammad-b-Solaiman went to the sage Hammad-b-Salam who had then before him a mat for sitting, one copy of the Quran, one bag for keeping books and a pot for ablution. The Caliph said Whenever I see you my mind is filled up with fear. What is the
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reason ? Hammad said : The cause is this tradition of the Prophet. Everything fears a man who seeks God's pleasure by his learning. The Caliph then placed before him forty thousand dirhams as a gift which he refused to accept.
(3) Third condition. The learned men should not frequent the darbars of the rulers. If anybody remembers their rewards and presents, he should recall to his mind the sayings of the sage Hatem Asem. He said : There is the difference of only one day between me and the rulers . They did not get the joys of yesterday and they and myself have got the fear of tomorrow. Only to-day remains. What is possible to occur by to-day?
Once Caliph Hesham-b-Abdul Malek went to Mecca for pilgrimage. en a enter t e sanctuary of the Ka'bahe called for the sage Taus Yemeni. When he came to him, he took off his shoes and kept them by the side of the royal carpet. He said : 0 Hisham, peace be on you. He then sat by the side of the Caliph and asked him : 0 Hesham, how are you ? At this conduct of the sage, he was about to kill him but as he was in the sanctuary, he was not killed. The Caliph asked Taus : Why have you treated me like this ? (1) you have placed your shoes by my carpet, (2) you have not kissed my hand, (3) you have not addressed me '0 Commander of the Faithful, (4) you have taken your seat by me without my permission, (5) you have asked me by my name How are you ? The sage Taus replied : Regarding the placing of my shoes by your carpet, I put off my shoes daily five times when I go to my Lord for prayer. He does not punish me for it. Regarding the kissing of your hand. I heard Hazrat Ali say : Let nobody kiss the hand of anyone except his kissing his wife's hand out of passion and his kissing of his parents hand out of reverence, Regarding addressing you as Commander of the Faithful, the people are not satisfied with your rule and I don't wish to tell lies. Regarding my addressing you by your name, God even addressed His dear friends and Prophets by their names. Regarding my sitting by your side, I heard Hazrat Ali say If you wish to see anyone of the inmates of Hell, look to one who keeps himself seated with the people standing around him. Then Taus went away from him.
Hazrat Suhan said: I went once to Caliph Mansure. I said to the Caliph : You have reached to this honour by the help of Muhajirs and Ansars but their descendants are dying of
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starvation at present. So fear God and give them what they are entitled to.
The sage Ibn Abi Shamilah went once to the Darbar of Caliph Abdul Malek who said to him : Give me some instruction. He said The people will not get salvation from the severe chastisement of the Resurrection Day. Only those will get salvation who incur the pleasure of God causing displeasure to their baser selves. Abdul Malek wept and said : I will keep this advice before my eyes until my death.
Once Caliph Solaiman came to Medina and called the sage Abu Hazem. When he came to him, he said : 0 Abu Hazem, why is death so disliking to me ? He said : It is because you have destroyed your hereafter and adorned your world with numerous adornments. The Caliph said. How shall we approach God ? He said : 0 Commander of the Faithful, the pious men will return to the families in happiness like one absent, and the sinners like afugitive slave to his master. The Caliph then burst into tears and said : What will be my condition ? Abu Hazem said 'Look to this verse : The pious will be in bliss and the transgressors in Hell. Soliman asked : Where is the mercy of God ? He said : Near the pious. The king asked : Who among God's servants is the most honourable ? He said : The pious and the God-fearing. He asked : Who among the believers is the wisest ? He said : The believer who obeys the religion of God and calls the people towards it.
The Caliph Omar-b-Abdul Aziz said once to Abu Hazem Give me advice. He said: Place death near your head when you go to bed and then look to what you love ; you will then give up what you do not like.
Once a desert Arab came to the Caliph Soliman who said to him: Give me some advice. On being assured of his safety, he said , he said : 0 Commander of the Faithful, there are some men among your special friends who have adopted dishonest ways and purchased the world in lieu of their next world and look to your pleasure by incurring the displeasure of their Lord. They fear you in the matters of God and they do not fear God in your matters. You are in good terms with the world after forgetting the next world. You have not given security to the people about the matters from which God has given you
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security. They are in dire wants and needs. You will be asked for what they do you will not do good to your world by selling your hereafter, as he is fool who sells his hereafter for his world. Solaiman said : 0 desert Arab, beware, the sharpness of your tongue is more than that of your sword. He said , 0 Commander of the Faithful that is true, but it is for you and not against you.
Once Hazrat Abu Bakr said to Hazrat Muwayiah : 0 Muwayiah, fear God and know that the day which goes, out from you and the night which comes take you away from this world and near the hereafter. There is such as searcher behind you from whom you can never save yourself. You have got a fixed limit which you cannot cross. The sooner you reach the limit, the searcher will arrest you : The properties we are in will all pass away and what we proceed to still remains. Take to what is good and give up what is bad.
The Prophet said: This community will not cease to be in the help and protection of God so long a$ the learned in the Quarn are not attracted towards the rulers. God says : Don't be inclined towards the oppressors. In other words: Don't remain satisfied with their actions. Sunfiyan Sori said : Don't mix with the rulers and don't mix with those who mix with the rulers. The owners of pens, the owners of ink and the owners of papers are cosharers. What he said is true, as the Prophet cursed ten persons in connection with wine. Hazrat Ibn Masud said : Those who devour interest, those who give interest, those who are witnesses to it, those who write it are all cursed by the tongue of the Prophet, God said : When the angels will take the lives of those who have oppressed themselves-this verse was revealed in connection with those Muslims who increased the numbers of poly- theists by mixing with them. It has been narrated that God revealed to the Prophet Uusha : I will destroy forty thousands of the good people and sixty thousands of other people from among your followers. He asked God : What sin have the good people committed ? God said : They do not become displeased with actions of My displeasure. They eat and drink with the unbelievers. This proves that to love for God and hate for God is compulsory . The Prophet said : God cursed the children of Israil as they lived with the transgrerssors.
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SOME LEGAL DECISIONS
The Prophet said : Give present to one another, you will then beget love for one another : Any present is lawful provided nothing is expected in return. If present is given to a man knowing that he is a poor man but in fact he is not poor, the latter's acceptance of the present is unlawful. So is the case in all similar matters. If any person has got any administrative and official power, such as judge, magistrate, Zakat collector, revenue collector, tax collector and others, and if any present is given to him, it will be considered as bride as it is given for a special purpose. When any such officer is transferred, he is not
when they will consider an unlawful present as lawful and will kill innocent people as being lawful in the form of carefulness, so that the general public become cautious.' Two sons of Hazrat Omar accepted some loans from the State Treasury. Hazrat Omar took the profits of the loans from them and deposited them in the' Treasury saying. These loans have been given to you as you are the sons of the Caliph. The wife of Hazrat Abu Obaidah sent a casket of otto as present for the queen of Byzantium. In return, the queen sent him a valuable necklace decorated with jewels. Hazrat Omar took it from her and deposited it is the State Treasury after giving the price of the casket to her. When the Caliph Omar-b-Abdul Aziz returned back his present, it was said to him that the Prophet used to accept present. He said : It was present for the Prophet, but it is a bribe to us.
The Prophet sent a man to collect Zakat from the tribe of Azad. When he collected Zakat and returned it to the Prophet he kept something which was given to him as present. The Prophet then said to him. Tell me with truth, whether it would have been given to you if you kept seated in your parents house. By one in whose hand there is my life, let nobody take from you except what is due to him. Beware, he will come to God with the thing he accepts. Let nobody come on the Resurrection Day bearing a high sound-making sound-making camel on his back, or a bellowing cow or a sound-making goat. Then he raised his hands so high that the whiteness of his armpit was visible and he said 0 God, have I communicated Thy message?
THE END OF CHAPTER 4 OF VOLUME 2
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