النص المفهرس

552
Heavenly Ornaments (Behishti Zewar)
show me where it is, I will give you R10, then the latter will not receive
any money if he showed it to him while he (the latter) was sitting or
standing in that very place.28> However, if he took a few steps and showed
him where the item is, he will receive whatever he was promised.
Taking of compensations
1. A dyer, washerman or tailor was given an item in order to carry out his
respective job. The item which is given to him is regarded as an amânah. If
it is stolen, lost or destroyed unintentionally despite his taking all the
precautions; it is not permissible to take any compensation from him.
However, if he washed the cloth in such a way that it got torn, or placed an
expensive silk garment in the cauldron in such a way that it got damaged; it
will be permissible to ask him for a compensation. Similarly, it is
permissible to take compensation for a garment which he may have
exchanged (with another garment). If he loses a garment and says that he
does not know where it has disappeared to or what has happened to it, it
will be permissible to ask him for compensation. But if he says that a
burglary took place and it got stolen, it will not be permissible to ask for
any compensation.
2. You hired a labourer and asked him to deliver some oil, ghee, etc. to
your house. On the way, it fell down. It is permissible to ask him for
compensation.
3. As for the person who is not hired for that particular job, instead he is
your employee, domestic servant or a person who has been hired for a day
or a few days, if he drops anything, it will not be permissible for you to take
any compensation from him. However, if he intentionally causes any
damage, it will be permissible to ask him for compensation.
4. A person has been employed to tend to a child. Through his negligence,
the child's jewellery or any other item disappeared. It is not permissible to
take any compensation from him.
Annulment of a rental contract
1. A person took a house on rent. However, it leaks profusely, a certain
portion of it collapsed or any other fault became apparent which makes it
285
This is because mere indication is not considered to be work which merits payment. He
will have to take a few steps, walk around, etc. and show the person where the item is in order to
deserve any payment.

553
Heavenly Ornaments (Behishti Zewar)
difficult to live in. In such cases, it is permissible to annul the rental
contract. And if the house becomes absolutely dilapidated and uninhab-
itable, the rental contract will be annulled on its own. There is no need for
you to request an annulment nor is it necessary to obtain the consent and
agreement of the landlord.
2. If the landlord or the tenant passes away, the rental contract becomes
annulled.
3. If a certain reason crops up whereby one is forced to annul the contract, it
will be permissible to annul it. For example, you hired a vehicle in order to
travel to a certain place. Thereafter, you changed your mind and decided
not to embark on such a journey. In such a case it is permissible to annul
the contract.
4. The custom of paying a deposit when hiring a vehicle and thereafter
paying the balance when you embark on the journey, and forfeiting the
deposit when you decide not to embark on the journey is not permissible.
The person who takes the deposit has to return it in the event of the
customer not embarking on the journey.
Taking an item without permission
1. It is a major sin to take an item which belongs to a person forcefully or in
his absence. Some women take items that belong to their husbands or other
relatives without permission. This is also not permissible. If you take an
item without permission and you still have it in your possession, you will
have to return that very item. However, if you have already used that item
then the rule is that if the same item could be purchased from the bazaar, it
will be wajib on you to purchase it and replace it. Such items are: grain,
ghee, oil, money, etc. If the item is such that its exact replica cannot be
obtained, then you will have to give money equal to the value of that item.
Such items are: fowls, goats, guavas, oranges, pears, etc.
2. One of the legs of the bed broke or its strips or joints broke. Alterna-
tively, you took an item and it got damaged or broken. You will have to pay
for the damage caused.
3. You took a certain amount of money without permission and thereafter
began a certain business with it. It is not permissible for you to take
whatever profits you make with that money. You will have to return the
original money to the owner and the profits will have to be given to the
poor.

554
Heavenly Ornaments (Behishti Zewar)
4. You tore someone's clothing. If very little got torn, you will have to pay
compensation according to the damage. If you tear it in such a way that it
cannot be used for the purpose for which it was made, that clothing will be
given to you and you will have to pay for it entirely. For example, a scarf
was torn in such a way that it can no longer be used as a scarf. Instead,
small blouses can be made with it. In such a case, keep that scarf and pay
for the entire cost of it to the owner.
5. You took someone's gem-stone and had it set in a ring. You will now
have to pay for that stone. It is not wajib on you to break the ring, remove
the stone, and return it to the owner.
6. A person took a cloth and had it dyed. The owner of the cloth has the
choice to take the dyed cloth and pay whatever increase took place in the
price of the cloth. Alternatively, the owner can leave the cloth with the
person and ask him to pay for it.
7. A person takes a certain item without permission, loses it, pays
compensation for it, and thereafter finds it. He will have to check whether
the value of the item is according to the compensation that the owner had
asked for. If it is the same, he does not have to return the item. It will now
belong to him. If the compensation paid was less than what the owner had
asked for, then the owner has the right to take back his item and return the
compensation.
8. Someone's goat or cow came into your yard. It is harâm for you to milk
it. If you take any milk, you will have to pay for it.
9. It is not permissible to take the following items without permission:
needles, cotton, a scrap of material, etc. It is wâjib to pay for whatever you
take if it gets lost or consumed. Alternatively, inform the person that you
have taken a certain item and that he should forgive you. If you do not do
so, you will have to pay on the day of judgement.
10. Your husband brought a length of material for himself. At the time of
cutting the material, you saved a certain length and kept it for yourself
without informing him. This is also not permissible. Whatever you want,
ask for it. If he does not give it to you, do not take it.
Partnerships
1. A person passed away and left behind some wealth. All his wealth will
fall under the partnership of all his rightful inheritors. As long as
permission is not obtained from all the inheritors, no one can take it for his
personal purposes. If anyone takes it and uses it, he will be sinning.

555
Heavenly Ornaments (Behishti Zewar)
2. Two women got together and purchased a utensil. This utensil will now
be under their joint partnership. One of the women cannot use it or sell it
without the permission of the other.
3. Each of two women contributed a certain amount of money and
purchased guavas, pears, berries, jambolana, cucumbers, melons, etc. under
a joint partnership. When the items came from the market, one of the
women was not present. In such a case, do not divide the items taking your
share and leaving her share one side thinking that when she comes she will
take her share. As long as both of them are not present, it is not permissible
to divide the shares. If you divide the shares and eat your share before she
can arrive, you will be committing a major sin.
However, if wheat or any other grain was purchased under a joint
partnership and you divided it, took your share and gave hers to her when
she arrived, this is permissible. However, in such a case, if any theft takes
place in the share of the other wife before her share could be given to her,
then this would be regarded as a loss of both the women and she (the
woman whose share got stolen or disappeared in any other way) will
become a partner in her (the women whose share was not stolen) share.
4. Two persons invested R100 each and commenced with a business and
agreed that whatever profits they make will be divided equally between
them. This is valid. If they agree that one person will receive two thirds of
the profits and the other will receive one third, it is also valid. This is
irrespective of whether both of them invested the same amount of money or
one invested more and the other less.
5. These two persons hadn't purchased the goods as yet and the money got
stolen. Alternatively, both their money was still kept separately and the
money of one of them got stolen. In such a case the partnership will be
annulled. They must become partners again and then commence with their
business.
6. Two persons entered into a partnership and one of them said: "Take this
R100 of mine, add R100 from your side and you start selling clothes. We
will divide the profits between us." One of them purchased some clothes
(with his own money). Thereafter, R100 of the other person (the one who
did not purchase the clothes) got stolen. In such a case, both of them will be
partners in whatever clothes were purchased and the other person (the one
whose money got stolen) can take money from him equal to the value of
half the clothes.

556
Heavenly Ornaments (Behishti Zewar)
7. When embarking on a business venture, one of them made the condition
that whatever profits we make, R10 or R15 will be mine and the balance
will be yours. This is not permissible.
8. The goods that were for sale got stolen. Both of them will have to bear
the loss. It cannot happen that all the losses are borne by one person. If they
make an agreement that whatever losses we encounter, I will bear them and
whatever profits we make we will share it between us, this is not
permissible.
9. Once a partnership has been pronounced to be prohibited or invalid, then
when they share the profits, all their previous agreements will not be taken
into consideration. Instead, if both of them made an equal investment, they
will receive equal profits. If the investment was not the same, the profits
will be shared according to the percentage invested by each person
irrespective of what agreement may have been made. Agreements are only
taken into consideration when the partnership is valid and is not allowed to
become prohibited.
10. Two women entered into a partnership on the basis that whatever
sewing we get, we will do it together and whatever money we receive for
the sewing, we will share it between ourselves. This partnership is valid. If
they make an agreement that we will do the sewing together but the money
that we receive, I will take two thirds and you must take one third, it will
still be valid. But if they agree that one will receive R10 or R20, and the
other will receive the balance, this is not permissible.
11. One of these two women accepted a length of material which had to be
sewn into a garment. The other woman cannot say: "Why did you take this
job? Since you have taken it, you will have to sew it." Instead, the
responsibility of sewing the garment is now wajib on both of them. If one
of them does not sew, the other one will have to sew it. Alternatively, both
of them can sew it together. In short, they cannot refuse to sew it.
12. The customer who had given the job of sewing came to collect her
garment. When she came to collect it, the woman who had accepted the job
was not present. Instead, the other partner was present. The customer has
the right to ask for the garment from this partner as well. The latter cannot
say that she has nothing to do with it and that she must collect it from the
person whom she had given it to.
13. In the same way, both partners have the right to ask for the money for
carrying out the job. The customer cannot say that she will not give it to

557
Heavenly Ornaments (Behishti Zewar)
you and that she will only pay the person to whom she had given the job.
When both of them are working under a partnership, both of them have the
right to ask for the money. The customer will be fulfilling her duty by
paying any one of them.
14. Two women entered into a partnership that they will go together into
the jungle and bring firewood. This partnership is not valid. The firewood
belongs to the one who picks it up. There is no joint ownership in this.
15. One woman said to another: "Keep these eggs under your hen.
Whatever chicks are born, we will share them equally." This is not
permissible.
Distributing items that are under a partnership
1. Two persons got together and purchased wheat from the market. At the
time of dividing this wheat, it is not necessary for both of them to be
present. Even if one of them is not present, it is permissible for the other
person to have it weighed properly, take her share, and keep the other share
aside for her partner. Once the wheat has been divided, it is permissible for
the person who was present to do whatever she wishes with her own share -
she can eat it, consume it in any other way, give it to someone, etc. All this
is permissible. The same rule will apply to ghee, oil, eggs, etc. In short,
items which do not have any difference and are all the same can be
purchased and divided in the absence of any one of the partners. However,
if the second person has not taken her share as yet and it disappears or is
destroyed in some way or the other, then this loss will be regarded as a loss
of both the partners - as explained in the chapter on partnerships.
As for those items in which there is a difference, such as guavas, pears, et ".
then as long as both partners are not present, it will not be permissible to
divide the shares.
2. Two girls got together and purchased some mangoes, guavas, etc. One of
them was not present at that time. It is not permissible for the other girl to
eat any of this fruit. When the other girl comes, the fruit will be divided and
only then can she eat it. If she does not wait for her and commences eating
before it can be divided, she will be committing a sin.
3. Two persons got together and purchased roasted gram seeds. It will not
be permissible for them to divide this by mere estimation. They will have to
weigh it properly and divide it equally. If there is any difference in the
weight, it will be regarded as interest.

558
Heavenly Ornaments (Behishti Zewar)
Mortgages
1. You took a loan of R10 from someone and in order for him to trust you,
you kept one of your possessions with him informing him that if you do not
trust me, keep this item with you. Once I repay you the R10, I will take my
item back. This is permissible. This is known as mortgaging or pawning.
However, under no circumstances is it permissible to pay any interest as is
in vogue among the merchants and bankers whereby they charge an interest
for mortgaging. It is harâm to pay or to accept interest.
2. Once you have mortgaged an item, you do not have the right to ask for it
or take it until you have fulfilled your debt.
3. If any one mortgages an item with you, it is not permissible for you to
utilise it or take any benefit from it whatsoever, e.g. it is not permissible for
you to eat any fruit from the orchard that has been mortgaged, to eat the
grain from such a land, to use such money or to live in such a house.
4. If a person has mortgaged a goat or cow, the milk and young ones will
belong to the owner. It is not permissible for you to use any of this for your
personal purposes. You will have to sell the milk and include the money
with the mortgage. Once the person fulfils his debt, you will have to return
the mortgaged item together with the money you receive for the milk, and
you can deduct the money for whatever it cost you to feed the animal.
5. Once you have repaid part of your debt, you still cannot take back your
mortgaged item. Only when you settle your debt in full will you receive
your mortgaged item.
6. You took a loan for R10 and mortgaged an item which cost R10 or more.
While that item was under his possession, it got lost or disappeared. In such
a case, he has no right to demand his money from you nor do you have any
right to demand any money for your item which he lost. You have lost your
item and he has lost his money. However, if your item was worth R5 and it
got lost or disappeared, you will only have to repay R5 and the balance R5
will be deducted.
Wasîyyah or Bequests
1. A person's saying that a certain amount of money or wealth will go to a
certain person or for a certain cause after his death is known as wasîyyah.
This is irrespective of whether he said this while he was enjoying good

559
Heavenly Ornaments (Behishti Zewar)
health or while he was ill, and irrespective of whether he passes away as a
result of this sickness or he recovers from it. The rule with regard to the
wealth which he gives with his own hands or forgives the debts that he is
being owed is that if he gives this while he is enjoying good health or he
recovers from the sickness in which he gave this, it is permissible for him
to do this and this is valid. As for the sickness286 in which he passes away,
this will be regarded as a wasîyyah - the rules regarding which will be
mentioned later.
2. If a person has salâts to be fulfilled, fasts to be kept, zakâh to be paid,
kaffârah to be paid for certain oaths, missed fasts, etc., and he also has
sufficient wealth to fulfil all these, then at the time of death it is necessary
and wâjib upon him to make a wasîyyah in this regard. Similarly, if a
person has debts to be fulfilled or an amânah has been kept with him, it
becomes wâjib upon him to make a wasîyyah in this regard. If he does not
make a wasîyyah, he will be sinning.
If such a person has poor relatives who cannot inherit from his wealth
according to the Shari'ah and this person has a lot of wealth and
possessions, it is mustahab for him to make a wasîyyah in favour of these
poor relatives. As for all other persons, he has the choice of either making a
wasîyyah in their favour or not making.
3. When a person passes away, all the expenses for his ghusl, kafan, burial,
etc. will be paid from his estate. Thereafter, all his debts will be paid. If the
entire estate of the deceased is exhausted in paying off his debts, it is still
necessary to pay off all the debts and the inheritors will not receive
anything. Therefore, his wasîyyah of fulfilling his debts will have to be
followed. Even if all his money is exhausted in fulfilling his wasîyyah of
debts, it will have to be followed. In fact, even if he does not make any
wasîyyah with regard to his debts, they will still have to be paid off first.
Apart from debts, the person can only make a wasîyyah for one third of his
entire estate. In other words, if his wasîyyah can be fulfilled from one third
of his entire estate, it will have to be fulfilled and it will not be wajib on the
inheritors to use more than one third in order to fulfil his wasîyyah. For
example, after paying for his kafan, burial and debts, there remained R300
and R100 (which is one third of R300) was sufficient to fulfil all his
wasîyyahs. In such a case, his wasîyyah will be fulfilled.
286
This sickness is known as the maradul maut. That is, a sickness in which one is convinced
that one is going to die and one also dies in such a sickness.

560
Heavenly Ornaments (Behishti Zewar)
If the person's wasîyyah is more than one third of his estate (in this case,
more than R100), the inheritors will only have to fulfil the wasîyyahs until
they pay off R100 and the balance of the wasîyyahs will not be paid.
However, if all the inheritors happily agree to forgo their shares and rather
have his wasîyyah fulfilled, then it will be permissible to use more than one
third in order to fulfil his wasîyyah. It should be remembered that the
permission of immature inheritors is not considered. Even if they agree,
their share cannot be used to fulfil the wasiyyah.
4. It is not permissible to make wasîyyah in favour of the persons who are
going to receive a share of the inheritance, e.g. one's parents, husband, wife,
son, etc. It is permissible to make wasîyyah in favour of those relatives who
are not entitled to receive any inheritance and also those persons who are
not relatives whatsoever. However, the person cannot make wasîyyah for
more than one third of his estate.
If a person makes a wasîyyah in favour of one of his inheritors to the effect
that a certain person will receive a certain item of mine after my death or a
certain amount of money, such a person will have no right whatsoever to
receive that item or money. However, if all the other inheritors happily
agree to give him, it will be permissible for him to receive it.
If a person makes wasîyyah for more than one third, the same rule as above
will apply. That is, if all the inheritors happily agree to give more than one
third, it will be permissible for him to receive it. If not, he will only receive
one third.
It should be remembered that under no circumstances can the permission of
immature inheritors be taken into consideration. Remember this rule in all
situations and circumstances.
5. Although a person is entitled to make a wasîyyah for one third of his
estate, it is preferable not to make it for the full one third. Instead, it should
be made for a lesser percentage. In fact, if a person is not very rich, it will
be preferable for him not to make a wasîyyah at all. Instead, he should
leave his wealth for his inheritors so that they may lead a life of comfort.
This is because one is also rewarded for leaving his inheritors in a state
where they can lead a life of comfort and ease. However, if it is a necessary
wasîyyah, such as his missed salaats, fasts, fidyah, etc. then he will have to
make a wasîyyah, if not, he will be sinning.
6. A person says: "After my death, give R100 in charity." After paying for
his burial arrangements and his debts, check how much wealth is left over.

561
Heavenly Ornaments (Behishti Zewar)
If there is R300 or more, R100 will have to be given in charity. If it is less
than R300, it will only be wajib to give one third of whatever money is left
over. But if all the inheritors happily agree to give the full amount without
anyone of them being coerced into agreeing, it will be permissible.
7. If a person has no inheritors, it is permissible for him to make wasîyyah
for his entire estate. If he only has his wife as his inheritor, he can make a
wasîyyah in her favour for three quarters of his estate. Similarly, if a
woman only has her husband as her inheritor, she can make a wasîyyah in
his favour for half her estate.
8. The wasîyyah of an immature child is not valid.
9. A person makes the following wasîyyah: "A certain person must perform
my janâzah salât, I must be buried in a certain town, in a certain graveyard,
next to a certain person, my kafan must be of a certain cloth, my grave must
be constructed of bricks, a dome must be constructed over my grave, and a
hâfiz must sit at my grave and continue reciting the Quran so that I may
receive the rewards." It is not necessary to fulfil such a wasîyyah. In fact, it
is not permissible to fulfil the last three wasîyyahs. The person who fulfils
them will be committing a sin.
10. If a person makes a wasîyyah and thereafter revokes it, i.e. he says that
he does not wish it to be fulfilled anymore and that it should not be taken
into consideration, then in such a case this wasîyyah will be invalid.
11. Just as it is not permissible to make a wasîyyah for more than one third
of one's estate, similarly, it is not permissible for one to spend more than
one third of one's wealth while one is in his maradul maut. However, he
can spend his wealth for his basic necessities, his food and drink,
medication, etc. If a person gives more than one third, it will not be
permissible to do so without the permission of the inheritors. Whatever he
gives beyond one third, the inheritors have the right to take it. As for
immature inheritors, even if they grant permission, it is not considered.
Inheritors do not have the right to give anything without the permission of
all the other inheritors even if it is within the one third. This rule applies
when the person gave it while he was alive and the person to whom it was
given also took possession of it. If he gave it but the person did not take
possession of it as yet, then once the person passes away, this giving of his
will be absolutely invalid. The person will not receive anything and the
inheritors will have a right in all the wealth. This rule also applies to
spending in the path of Allah or in some noble cause while one is sick. In
short, under no circumstance is it permissible to give more than one third.

562
Heavenly Ornaments (Behishti Zewar)
12. When the person fell ill, a few people came to live with him with the
intention of tending to him and seeing to his needs. They spent several days
with him, living with him and partaking of his meals as well. If the sick
person requires their services and therefore they stayed with him, there will
be no harm in this. But if there is no need for them to be present, in such a
case it will not be permissible for the sick person to spend more than one
third in accommodating them.
If these persons who have come are his inheritors and there is no need for
them to be present, it will not be permissible to spend even less than one
third on them. That is, it is not permissible for them to eat from his wealth.
However, if all the inheritors express their consent happily, it will be
permissible.
13. When a person is in his maradul maut, he has no right to forgive
anyone from paying their debts to him. If any inheritor was his debtor and
he forgave him, it will not be considered to be forgiven. If all the inheritors
give their consent to the waiving of an inheritor's debts (provided all of
them are mature), it will be considered to be waived. If a person waives the
debts of an outsider, only an amount that is within one third will be waived
and the balance will not be waived. It is a custom28/ for the wife to forgive
her husband from paying the mahr at the time of her death. This is not
valid.
14. When a woman begins to experience labour pains and she gives
something to anyone or forgives her mahr, then the rules that apply at the
time of death will also apply here. That is, if, Allah forbid, she passes away
during this labour, then whatever she gives will be regarded as a wasîyyah
and therefore not permissible for an inheritor. If it is an outsider, she has no
right to give or forgive more than one third. However, if she delivers the
child and recovers completely, this giving and forgiving will be valid.
15. Once a person passes away, his burial arrangements will be paid for
with his money. From the balance, his debts will first have to be paid off.
This is irrespective of whether he made a wasîyyah in this regard or not -
fulfilling of debts is always given precedence. The mahr that is owed to
one's wife is also included in one's debts. If the person has no debts or there
is a remainder after fulfilling the debts, we will have to see whether he
made any wasîyyah or not. If he made any wasîyyah, it will be paid from
one third. If he did not make any wasîyyah or there is still a remainder, all
287 This custom is predominantly found in India.

563
Heavenly Ornaments (Behishti Zewar)
the balance will be the right of the inheritors. One should enquire about the
rightful inheritors (and their respective shares) from an 'âlim and distribute
the estate accordingly. The custom of anyone taking whatever he likes is a
major sin. If a person does not pay in this world, he will have to pay in the
hereafter - where the payment will be with one's good deeds. Similarly,
girls should also be given their share as the Sharî'ah has given them a right
as well.
16. It is not permissible to take the money of the deceased in order to pay
for entertainment and accommodation of visitors, feeding them, or to give
in charity, etc. Similarly, it is harâm to give any dry groceries, etc. (of the
deceased) to poor persons from the time the person passes away until he is
buried. In doing this, no reward whatsoever reaches the deceased. In fact, it
is a major sin to regard this as an act of reward. This is because all this
wealth now belongs to the inheritors, to deprive them of their right and give
it to someone else is similar to stealing someone else's money and giving it
in charity. All the wealth should be distributed among the inheritors. Each
one of them has the right to spend and give as he wishes provided it is spent
in accordance with the Shari'ah. When intending to give in charity, one
should not even ask the permission of the inheritors as in most cases, if they
grant permission it will only be done superficially because they fear
embarrassment. There is no consideration for such a permission.
17. Similarly, it is not permissible to give the deceased's used clothes in
charity without obtaining the consent of the inheritors. If there are any
immature inheritors, it will not be permissible to give these clothes even if
they grant permission. All these clothes should first be distributed among
all the inheritors, thereafter, if the mature inheritors wish to give anything
in charity, they may do so from that which they received. Without this
distribution, these clothes should never be given in charity.
ADDENDUM TO PART FIVE
Rules concerning hair
1. It is sunnah to grow one's hair on the entire head till the ear lobes or
slightly below them. If a person wishes to shave his head, it is sunnah to
shave the entire head. It is also permissible to merely clip the hair.
However, it is not permissible to clip all the hair and leave the front portion
long, as is the fashion today. Similarly, it is also not permissible to shave a

564
Heavenly Ornaments (Behishti Zewar)
portion and leave another portion long. From this we deduce that it is not
permissible to sport the babri hairstyle (or to cut the hair in the shape of a
cap or to shape the front part of the hair).
2. If the hair has been lengthened considerably, it is not permissible to tie it
into a tail like women.
3. It is harâm for women to shave the head or clip the hair on the head. The
Hadith has cursed such women.
4. It is sunnah to clip the moustache to such an extent that it is clipped to
the skin. There is a difference of opinion with regard to shaving the
moustache. According to some it is a bid'ah, while others have permitted it.
Caution demands that one does not shave it.
5. It is permissible to lengthen the moustache on the sides on the condition
that the area above the lips is not lengthened.
6. It is harâm to shave or clip the beard. However, it is permissible to clip it
if it is longer than the length of one fist. Similarly, it is permissible to clip it
on all the sides in such a way that it becomes neat and straight (provided it
is beyond one fist).
7. It is permissible to clip the hair and straighten the hair line that grows on
the cheeks. Similarly, it is also permissible to straighten and cut the
eyebrows a wee bit.
8. The hair on the throat should not be shaven. However, it has been related
from Abû Yusuf rahmatullâhi 'alayh that there is no harm in this.
9. Shaving the hair of the lower lip is regarded as a bid'ah by the jurists.
Therefore this should not be done. Similarly, they have said that it is
makruh to remove the hair that is on the nape of the neck.
10. It is not permissible to pluck out grey hairs merely for the purposes of
beautification. However, it is better for the mujâhidîn to do so in order to
instil fear and awe in the hearts of the enemy.
11. The hair of the nose should not be tweezed out. Instead, it can be
clipped.
12. It is permissible to remove the hair that is on the chest and back.
However, it is not good to do so.
13. It is preferable for men to remove the hair of the pubic region from just
below the navel onwards. When shaving, they should commence from
below the navel. It is also permissible to use sulphurate of arsenic and other
preparations (such as hair-removing creams, etc.) to remove the hair of the
pubic region. As for women, the sunnah method is that they should remove

565
Heavenly Ornaments (Behishti Zewar)
the hair of the pubic region by pinching it out or tweezing it out and that
they should not use a shaving machine.
14. It is preferable to remove the hair of the arm pits by tweezing them.
However, it is permissible to shave them.
15. As for the hair of the balance of the body, it is permissible to shave it or
retain it.
16. It is also sunnah to clip the nails of the feet. However, it is mustahab for
the person who is engaged in jihad not to clip his moustache and nails.
17. It is preferable to clip the finger nails in the following order: commence
with the index finger of the right hand until you reach the little finger.
Thereafter, commence with the little finger of the left hand until you reach
the thumb of the left hand. Thereafter, complete by clipping the thumb of
the right hand. As for the toe nails, commence with the little toe of the right
foot and end with the little toe of the left foot. This is the preferable
method. However, it is permissible to clip in any way that may be contrary
to this method.
18. Clipped nails and hair should be buried. If they are not buried, they
should at least be kept in a safe place. However, they should not be kept in
any impure, dirty place as there is the fear of falling ill.
19. It is not good to bite the finger nails as this is a cause of leprosy.
20. It is makruh to trim the hair, clip the nails and remove pubic hair while
one is in a state of impurity.
21. It is preferable to remove the pubic hair, hair of the arm-pits, nails, to
have a bath and cleanse oneself at least once a weak. It is best to do all this
on a Friday before going for the jumu'ah salât. If one cannot do this on a
weekly basis, he should carry it out every fortnight. If not, at least every
forty days. There is no concession beyond forty days. If forty days expire
and the person does not carry out the above, he will be committing a sin.
Shuf'ah - The right of pre emption
1. The moment a shaft' gets the news of a sale and he does not verbally
state that he will pre-empt, his right of pre emption will be invalid. It will
not be permissible for him to make any claims later. Making a verbal
statement immediately is so important that if a shaft' receives a letter
wherein it is mentioned at the beginning that a certain house has been sold
and he does not make a verbal statement that he will exercise his right of

566
Heavenly Ornaments (Behishti Zewar)
pre-emption until he completes reading the entire letter, then in such a case
his right of pre-emption will become invalid.
2. A shafi' says: "Pay me a certain amount of money and I will forgo my
right of pre-emption." In such a case, since he is happy to forgo his right,
his shufah will be considered to be surrendered. However, since this
amounts to bribery, it is therefore harâm to give or to receive this money
that he is willing to pay.
3. If the shafi' asks for the property but passes away before he can receive
it, his inheritors will not have the right of pre-emption. But if the actual
purchaser of the property passes away, the right of pre-emption will remain
with the shafi'.
4. The shaft' heard that the house was sold for a certain price. He therefore
relinquished his right of pre-emption. Thereafter he learnt that it was sold
for a lesser price. At such a time he can exercise his right of pre-emption.
Similarly, in the beginning he heard that a certain person is the buyer. Later
he learns that the buyer is someone else. Alternatively, in the beginning he
heard that half the property has been sold. Later he learns that the entire
property has been sold. In all these cases, his relinquishing his right in the
beginning, will not invalidate his right of pre-emption.
Muzâra 'ah - Temporary sharecropping contract
1. A person gave an empty piece of land to another person telling him:
"You cultivate this land. Whatever you harvest will be divided between us
according to a certain percentage." This is known as muzâra'ah and is
permissible.
2. A person cultivated a piece of land and said to another person: "You
irrigate this land, tend to it and do whatever else is necessary. Whatever
fruit is produced, irrespective of whether it is up to one-two years or 10-12
years, we will share it between ourselves either equally (i.e. 50% each) or
by dividing it in thirds (or whatever the percentage may be)." This is known
as musâqât and is also permissible.
3. In muzâra'ah, the following conditions apply:
(a) the land must be cultivable.
(b) the landlord and the cultivator must be mature and in their senses.
(c) the period of cultivation must be specified.
(d) the ownership of the seeds must be specified - whether they will belong
to the landlord or the cultivator.

567
Heavenly Ornaments (Behishti Zewar)
(e) the crop must be specified - whether it will be wheat, barley or whatever else.
(f) the share of the cultivator must be specified, i.e. what percentage or how
much will he receive from the total harvest.
(g) the land must be vacated and given to the cultivator.
(h) the landlord and the cultivator must remain partners in the harvest.
(i) the land and the seeds must be from one person while the ox, ploughing
tools and labour must be from the other person. Alternatively, the land must
be from one person and the rest of the things from the other person.
4. If any one of these conditions are not found, the muzara'ah will be fâsid.
5. When a muzâra'ah becomes fâsid, all the produce will go to the person
who gave the seeds. If the other person is the landlord (i.e. if he did not
give the seeds), he will receive a rental for his land, the rate of which will
be according to the market value at that time. If the other person is the
cultivator (i.e. if he did not give the seeds), he will receive a payment for
his labour, the rate of which will be according to what is normally paid at
the time.
This rental and this payment for the labour will not be more than what they
had agreed upon at the beginning of the contract. For example, if they had
agreed that they will share it out equally (i.e. 50% each), either of them will
not receive more than half of the total produce.
6. Once the muzara'ah contract has been drawn and thereafter one of them
refuses to work, he will be forced to carry out his work. However, the
person who gave the seeds will not be forced.
7. If any one of the parties of the contract passes away, the muzara'ah will
become invalid.
8. If the specified time of muzara'ah expires and the crops have not ripened
as yet, the cultivator will be paid for the extra days that he works on the
land. He will be paid according to the normal rate at that time.
9. In certain places the custom is that the crops are divided according to the
contract that they had made. As for other crops such as unripe corn, etc.
they do not divide between them. Instead, the landlord charges the
cultivator a cash fee per acre of land. Since this condition falls contrary to
the rule of muzara'ah it ought to be impermissible. However, this law can
be re-interpreted and circumvented to exclude such crops from the contract
of muzâra'ah. Therefore, the 'urf (current custom) will be considered and it
will be assumed that both parties have agreed to execute muzâra'ah in
certain crops while in other crops it will be considered as though the land

568
Heavenly Ornaments (Behishti Zewar)
was rented out. Such a re-interpretation can make the afore-mentioned
custom permissible. However, the consent of both parties is conditional.
10. It is the habit of some landlords that when the crops are being divided,
then apart from their own share, they take out something extra from the
share of the cultivator for the other labourers and workers. If he specifies a
certain number by saying that he will take one or two tons (or whatever the
case may be), this will not be permissible. However, if he says that he will
take a certain number of kilos from each ton, it will be permissible.
11. Some people do not clearly state what will be planted. Thereafter, they
end up in disputes and court cases. This is not permissible. They should
either clearly state what will be planted or grant an open permission to the
cultivator to plant whatever he wishes.
12. In certain places it is the habit of the cultivator to plant the seeds and
thereafter hand over the responsibility of cultivating the land to a few
persons. He hands over this responsibility to them on the condition that
whatever produce they yield, they will receive one third (or whatever the
case may be). This is also called muzâra'ah. This will be permissible
wherever the landlords permit this sort of contract. If not, it will not be
permissible.
13. In the previous mas'ala (no.9), the above-mentioned mas'ala (no.12) is
also applicable. That is, certain crops are divided with these labourers,
while for the other crops they are paid in cash per acre (or whatever the
case may be). In this mas'ala as well, as with the above-mentioned mas'ala,
it is apparently not permissible and the same explanation for its
permissibility will also apply over here.
14. The custom of claiming inheritance or ownership over a land after
renting it for 10-12 years or after entering into a muzâra'ah contract for a
similar period is bâtil (invalid), harâm, zulm (oppression), and ghasab
(illegal seizure). Without obtaining a voluntary permission from the owner,
it is not permissible to use this land or property. If a person does this, the
produce of this land will be evil and eating it will be harâm.
15. The rules of musaqat are the same as that of muzâra'ah.
16. If a tree has fruit on it and the tree is given in order to be taken care of,
and the fruit is in such a state that by irrigating it and tending to it, it will
grow, musâqât will be permissible. However, if the fruit has already
matured, musâqât will not be permissible just as muzâra'ah is not
permissible once the plantation has already been prepared.

569
Heavenly Ornaments (Behishti Zewar)
17. Once the musâqât contract becomes fâsid, all the fruit will go to the
person who owns the trees. The person who tended to the trees will receive
a basic wage, as had been mentioned for muzâra'ah.
Intoxicants
1. If any intoxicant is thin and flows, whether it be alcohol, toddy (an
intoxicating drink made from palm juice) or anything else, and by drinking
a considerable amount of it one becomes intoxicated, then even a single
drop of such an intoxicant will be harâm even if one does not become
intoxicated with such a meagre amount.
Similarly, it is also not permissible to use it in any medicine irrespective of
whether the medicine is in the form of a syrup or in the form of an
ointment. And irrespective of whether the intoxicant remains in its original
form or whether its form changes due to certain chemical reactions. From
this we can gauge the impermissibility of modern medicines in which
alcohol is found in most of them.
2. As for that intoxicant which is not thin and flowing and is instead a solid,
such as tobacco, nutmeg, opium, etc. the rule with regard to this is that the
amount which intoxicates a person or causes him severe harm will be
harâm. As for that amount which does not intoxicate nor does it cause
severe harm, that is permissible. If it is used in an ointment, plaster, etc.
there is no harm in this.
Partnerships
Partnerships are of two kinds:
(a) Shirkat-e-Imlâk: Examples: (1) A person passes away and there are
several inheritors to his estate. (2) Two persons contributed an amount of
money and purchased one item. (3) One person gave a gift to two persons.
The rule with regard to such a partnership is that no one has a right to do
anything with the item without the permission of the other.
(b) Shirkat-e-'Ugud: Two persons made a mutual agreement that they will
conduct a business together. The categories and rules of such a partnership
are as follows:
1. One of the categories of shirkat-e- 'uqud is shirkat-e- 'inân.
Shirkat-e-'inân: Two persons contribute a certain amount of money and
decide to purchase clothing, grain, etc. and thereafter start a business with

570
Heavenly Ornaments (Behishti Zewar)
it. The condition in such a partnership is that the contribution of both must
be in cash irrespective of whether it be silver coins, gold coins or currency
notes. Based on this, if both of them add something that is not cash and
wish to commence a business on a partnership basis or, one of them
contributes cash and the other contributes something else, this partnership
will not be valid.
(i) In shirkat-e-'inân it is permissible for one person to contribute more
than the other and the share of the profits will be according to what they
agree upon. That is, if they make this condition that there will be a
difference in the contribution of each one but the profits will be shared
equally; this will be permissible. If they make a condition that the contri-
bution will be equal but the share of profits will not be equal, e.g. the profit
sharing ratio will be on a one third/two third basis, this will also be
permissible.
(ii) In shirkat-e-'inân, each partner has the right to exercise his power and
do whatever he wishes288 with the tradeable goods on the condition that
whatever he does is not contrary to their agreement. However, the debts of
one partner will not be demanded from the other partner.
(iii) Two persons agreed on entering into a partnership and they also agreed
on the amount of each one's contribution. However, before they could
purchase anything in order to commence their business, all the money was
destroyed or the contribution of one of the partners was destroyed. In such a
case, the partnership will become invalid.
If one of the partners has already purchased some goods and the
contribution of the other partner was destroyed, the partnership will not
become invalid. The goods that have been purchased will belong to both
partners, and according to the percentage that the other partner (the one
whose contribution was destroyed) contributed into the capital, he will have
to give that percentage to the other partner (the one who had purchased the
goods). For example, one person contributed R9 and the other person
contributed R3. The person who contributed R9, purchased some goods
with it. The one who contributed R3, lost his money. The one who
contributed R3 therefore has a share of one third in those goods. The person
who contributed R9, will collect one third of this amount (i.e. R3) from this
person and these goods will be sold on a partnership basis.
288
Exercising one's power or doing whatever one wishes with the goods is restricted to things
which are related to conducting a business and does not include things which are not connected to
a business or things which one of the partners may do in his personal capacity.

571
Heavenly Ornaments (Behishti Zewar)
(iv) In such a type of partnership it is not necessary for the contribution of
both the partners to be mixed. Such a partnership becomes entrenched by
mere îjâb and qubûl (offer and acceptance).
(v) The sharing of profits have to be specified on a percentage basis, eg.
50% or one third, two thirds, etc. It is not permissible for them to say that
one will receive R100 and the other will receive the remainder.
2. Another category of shirkat-e-'uqûd is shirkat-e-sanâ'i. It is also called
shirkat-e-taqabbul.
Shirkat-e-sanâ'i: For example, two tailors or two dyers make an agreement
that whatever work comes to any one of the two, he will accept it and
whatever money he gets paid for this work, it will be shared between the
two based on a certain percentage. This is permissible.
(i) Work that is accepted by one of them will become necessary on both of
them. For example, one partner accepted a job to sew a garment. Just as the
customer can demand the garment from this partner, he can also demand it
from the other partner as well. Similarly, just as the partner who sewed it
can demand the money for the labour, the other partner also has the right to
demand for it from the customer. Just as the customer can absolve himself
by paying the partner to whom he had given the job, he can also absolve
himself by paying the other partner.
3. Another type of partnership is shirkat-e-wujûh. That is, the partners do
not have any money or wealth, nor do they have any profession or
occupation. They merely make a mutual agreement that they will take
goods on credit from the traders and go around selling them. Even in such a
partnership, each partner will be a guarantor for the other. The profits will
be shared according to the percentage that they agree upon. For example, if
they agree that they are purchasing the goods on an equal basis, the profits
will also be shared equally. If they agree that they are purchasing the goods
on a one third/two thirds basis, the profits will be shared accordingly.