Indexed OCR Text

20
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1088. Section II
649
1089. Do Not Abandon The Community
649
1090. Thin Garments Not Suitable For Amir
650
1091. Do Not Obey Ruler's Command To Sin
650
1092. The Final Treatment Of The Ruler
650
1093. Rulers Will Be Regretful On The Day Of
Resurrection
651
1094. Chiefs Most Likely Distined To Hell
651
1095. Seek Refuge In Allah From A Foolish
652
Leader
1096. Nearness To A Ruler Gets One Away
652
From Allah
1097. Anonymity Is Solace While Renown Is
653
Troublesome
1098. Ruler Who Levies Unjust Taxes Will Be
654
Deprived Of Paradise
1099. Merit Of A Just Imam
654
654
1100. Conveying Truth To A Tyrant Is Best
Jihad
1101. The Way To Correct The Evil Man
655
1102. Righteous Advisers Lead The Rulers To
655
Success
1103. Suspicion Causes Unrest In Subjects
655
1104. Section III
656
1105. Merit Of A Just Imam - Ruler
656
1106. Fear Of Three Things For The Ummah
657
657
1107. Do Not Become A Trustee Or A Judge
Unnecessarily
1108. Three Stages Of A Ruler During His Rule 658
1109. Prophet's Advice To Muawiyah
658
1110. Refuge In Allah From Trial In Future
658
1111. Rulers Will Be Appointed Commensurate 659
To Your Deeds.
1112. King Is Allah's Shade On Earth
659
1113. The Highest Rank Will Belong To A Mild 660
And Just Ruler.
1114. To Frighten A Muslim Is Punishable Offence. 660
1115. Better To Correct Yourselves Than Curse 660
Rulers
1116. Chapter - II
661
1117. Rulers Must Facilitate Things As Wajib
661
1118. Section I
661
1119. Rulers Must Be Considerate
661
1120. Deceitful Will Be Disgraced
662
1121. Section II
663
1122. Warning To Rulers Who Do Not Satisfy
663
Needs Of Their Subjects
1123. Section III
-
663
1124. Ruler Who Shuts His Gates Will Find
663
Gates Of Divine Mercy Shut
1125. Umar's Advice To His Governors
663
1126. Chapter - III
664
1127. Conducting The Office Of The Qadi
664
(Judge) & Fear Of It
1128. Section 1
664
1129. Judgement Not When Angry
664
1130. Judge May Resort To Ijtihad
664
1131. Section II
665
1132. Office Of Qadi Is A Trial
665
1133. Do Not Aspire To Be A Qadi
665
1134. Judges Of Paradise And Of Hell
666
1135. Qiyas And Ijtihad Are Allowed
666
1136. After Plaintiff Defendant Must Be Heard 667
Too
1137. Section III
668
1138. The Fate Of A Tyrant
668
1139. Just Ruler Has Allah's Support
668
1140. Did Not Accept Office Of Judge
669
1141. Chapter - Iv
670
1142. Salary To Rulers & Gifts To Them
670
1143. Section I
670
1144. Distribution By The Prophet
670
1145. Warning To Those Who Spend From
670
State Treasury Unnecessarily
1146. Ruler Is Entitled To Draw His Salary
671
From Treasury
1147. Trading Of The Sahabah
671
1148. Section II
671
1149. Drawing More Than Salary Is Deceit
671
1150. Guidance To Mu Adh
672
1151. State Treasury Will Support Honorary
672
Ruler
..

21
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1152. Not Even A Needle May Be
Misappropriated
672
1153. The Receiver And The Payer Of Bribery
673
1154. Section III
1155. The Intercessor Must Accept No Gift
674
1156. Chapter - V
674
1157. Cases And Testimonies
674
1158. Section I
674
1159. Plaintiff Must Prove His Case
674
1160. Warning To One Who Takes False Oath
675
1161. Advice To Plaintiffs
676
677
1162. Warning To Him Who Files Cases
Unnecessarily
1163. May Plaintiff Present One Witness And
677
Take An Oath
1164. Defendant's Oath Must Be Believed
677
1165. Hell Is The Destination Of The False
678
Claimant
1166. The Best Witness
678
1167. Is It Proper
679
1168. False Testimonies By Later People
679
1169. Casting Lots For The Oath
680
1170. Section II
680
1171. Plaintiff Is Responsible For Presenting
680
Witness And Defendant For Taking Oath
1172. When Two People Claim Something
681
1173. Judgement In Favour Of Possessor
681
1174. Two Claimants Of Same Thing
682
1175. Oath Of The Defendant
683
1176. Even A Liar Defendant Has A Right To
683
Take An Oath
1177. Warning To Usurper Through False Oath 684
1178. Perjury Is A Grave Sin
684
1179. False Testimony Is Like Ascribing
686
Partner To Allah
1180. Testimony That Are Rejected
686
1181. Kha'In
687
1182. Sinner
687
1183. Amanah
687
1184. Khiyanah
687
1185. Fisq
687
1186. Slander
687
1187. Rulings
687
1188. Enemy
688
1189. Wala
688
1190. False Relationship
688
1191. Dependent On Any
688
1192. Villager's Testimony For A Townsman
689
1193. Present Your Case Wisely
689
1194. Accused May Be Imprisoned
690
1195. Section III
690
1196. Both Plaintiff & Defendant Must Be
690
Present Before Ruler
1197. Book - XVIII
691
1198. "Jihad"
691
1199. Meaning Of Jihad
691
1200. The Goal Of Jihad
691
1201. The Command Of Jihad
691
1202. Section I
692
1203. The Most Excellent Jihad
692
1204. Prophet's Desire For Martyrdom
693
1205. Symbolic Participation In Jihad Better
694
Then Everything
1206. Better Than Fasting One Month & Vigil
694
In Its Nights
1207. Participation In Jihad Is Assured
Protection From Hell
695
1208. Warrior Who Kills An Infidel
695
1209. The Best Kind Of Life
695
1210. Solitude Or Mingling
696
1211. Merit Of Helping The Mujahid
696
1212. Woman Of The Mujahids Must Be
696
Respected
1213. Merit Of Equipping Army
697
1214. Looking After Mujahid's Family
697
1215. Jihad Will Be Waged Till The Last Hour
697
1216. The Wounded Mujahid Will Be Raised In 698
The Condition
1217. Merit Of Martyrs
698
1218. About Life Of Martyrs
698
1219. Observation
699
1220. Reincarnation
699
674

22
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1221. Paradise Exists
700
1222. Jihad Gets All Sins Forgiven But Not
700
Rights Of Fellow Men
1223. The Killer & Killed In Paradise
701
1224. Desire For Martyrdom
701
1225. Martyrs In Firdows
701
1226. Martyrs Are Of Kinds
702
1227. Reward Of Warriors
703
1228. Believer Who Has No Longing For Jihad
703
1229. The Real Mujahid
704
1230. Kept Back From Jihad By A Valid Excuse 704
1231. Kindness To Parents
705
1232. After Conquest Of Makkah, No Hijrah
705
1233. Section II
706
1234. There Will Always Be Jihad
706
1235. Warning To Non Participant In Jihad
707
1236. Heirs Of Paradise
707
Entitled To Paradise
1271. Guarding Frontiers Atones For Bad
725
Deeds And Delivers Forever
1272. Chapter - II
726
1273. Arranging Equipment For Jihad
726
1274. Section I
726
1275. Providing Strength As Much As Possible 726
For Jihad
1276. Obtain Proficiency In The Force Used By 727
The Enemy
1277. Importance Of Archery
727
1278. Prophet's Encouragement To Shoot
727
Arrows
1279. Shooting By Abu Talhah For The
728
Prophet
1280. Excellence Of Horses
728
:
1281. Horses With Shikal Disliked
729
1282. Horse Racing
729
1283. A She Camel Of The Prophet
729
1284. Section II
730
730
1285. Manufacturer Of Weapons Of Jihad In
Paradise
1286. Reward For Archery
731
1287. Stakes Are Permitted Contribution To
731
1256. The True Spirit
717
1257. Allah Will Resurrect According To
717
Intention
1258. Replace The Amir
718
1259. Section III
718
1260. Monasticism Had No Place In Islam
718
1261. Driving Force
719
1262. Jihad Gets Higher Ranks In Paradise
719
1263. Gate Of Paradise In Shades Of Swords
720
1264. Glad Tidings For The Martyrs Of Uhud
720
1265. The Best Section Of The Believers
721
1266. Longing Of A Martyr
722
1267. Every Believer Is A Martyr
722
1268. Excellence Of Participating In Jihad With 723
Property And Life .
1269. Kinds Of Martyrs
723
1270. Even Through Jihad A Hypocrite Is No
724
1237. Guarding The Borders
707
1238. Merit Of Participant Of Jihad
708
1239. Merit Of Spending Towards Jihad
708
1240. Merit Of The Mujahid
709
1241. Two Safe Eyes
709
1242. Excellence Of Jihad
709
1243. Martys Will Enter Paradise Directly
711
1244. Best Mujahid & Best Martyr
711
1245. Allah's Favour To Martyrs
712
1246. Neglector Of Jihad Warned
712
C
1247. Martyr Is Preserved From Pain
713
1248. Drop Of Believers Blood In Jihad Is
Dearest To Allah
713
1249. Sea Voyage Only When Necessary
713
1250. Martyrdom For One Who Dies On Sea
714
1251. Death During Jihad Is Martyrdom
714
1252. Mujahid Gets Reward Even If He Returns 715
Safely
1253. Dual Reward For Who Equips
715
1254. Mercenary Is Neither Ghazi - Warrior
715
Nor Mujahid
1255. Engaging In Jihad For Worldly Gains
717
Deprivés Or Reward
Jihad

23
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1288. About Laying A Wages
732
1289. A Muhallil Intervening In A Contest
.
732
1290. Jalab & Janab Are Disallowed
733
1291. Characteristic Of The Best Horse
733
1292. Do Not Clip Off Forelocks, Mane & Tail
Of Horses
734
1293. Care For Horses
734
1294. Three Commands To Prophet's Family
735
1295. Nothing More
735
1296. Disallowed To Pair Ass With Mare
735
1297. Sword May Have Pommel Of Silver
736
1298. To Use Defensive Weapons In Battles In 736
Allowed Side By Side With Trust In Allah
1299. About The Standards In Battle
737
1300. Section III
737
1301. Merit Of Horses
737
1302. True Strength In Battle Is From Allah
737
1303. Chapter - III
738
1304. Conduct During Journey
738
1305. Section I
738
738
1306. The Prophet Preferred To Set Out For
Jihad On Thursday
1307. Disallowed To Travel Alone
739
1308. Angel Keep Away If A Caravan Has A
739
Morning
Dog And A Bell
1309. Devil's Instruments
740
1310. Camels Must Not Be Garlanded
740
1311. Riding Animals
740
1340. Chapter - IV
751
1312. Care For A Needy Fellow Traveller
741
1313. Return Home Promptly On
741
Accomplishing Your Objective
1314. Children Welcome The Traveller On His 742
Return
1315. The Hour At Which The Prophet
742
Returned Home
1316. Do Not Return From Journey In The
.743
Night
1317. Masnun To Invite People On Return
743
1318. Prophet's Hour Of Return From Journey
744
1319. Go To Mosque First Of All
744
1320. Section II
744
1321. Blessing Of Prophet's Prayer For The
744
Ummah In The Morning
1322. Travelling By Night
745
1323. Minimum Of Three Must Travel Together
745
1324. Make One Amir Out Of Two Or More
745
Co-Travellers
1325. The Best Co-Travellers
746
1326. The Prophet's Conduct With His
746
Travellers
1327. On Arrival At Destination All Travellers
746
Must Stop Somewhere
1328. An Example Of The Prophet Modesty
747
1329. Backs Of Animals Are Not Pulpits
747
1330. Care For Animals
748
1331. Rights Of People
748
1332. Devil's Camel & Devil's House
748
1333. Do Not Occupy Much Space When
749
Encamping.
1334. Ideal Time To Return From Journey
749
1335. Section III
750
1336. Manner Of Prophet's Rest In The Night
750
..
During A Journey
1337. Merit Of Beginning Journey In The
750
1338. Forbidden To Use Leopard Skin
750
1339. Amir Should Act As Servant Of
751
Fellow-Travellers
1341. Writing To The Infidels & Inviting Them 751
To Islam
1342. It Is Wajib To First Invite The Disbeliever 751
To Islam Before Declaring War On Them
1343. Section I
752
1344. Prophet's Letter To Qaysar Of Rome
752
1345. Kisra's Bad Conduct Brought Destruction 754
On Him
1346. Prophet Wrote To Every Head Of State
754
1347. Again A Letter
756
1348. Guidance To Those Who Engage In Jihad 756
1349. Wisdom In Beginning Warfare After '
758
Sunset

24
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1350. The Prophet Did Not Attack Enemy
759
Before Morning
1351. Prophet Commenced Battle At The Time 761
Of Zuhr
1352. Section II
761
1353. Battle Begins After Decline Of Sun
761
1354. The Prophet's Hours Of Commencing
762
Battle
1355. Specific Instruction To The Warriors
762
1356. Section III
762
1357. Khalid's Letter To The Iranian Leader
762
1358. Chapter - V
763
1359. Fighting In Jihad
763
1360. Section I
763
1361. Martyr's Destination Is Paradise
763
1362. Nature Of Journey Not Disclosed Till Last 763
1363. War Is Deception
764
1364. Women Being Taken Along In Jihad
765
1365. Women & Children Of The Enemy
765
1366. Trees Of The Enemy
766
1367. Allowed To Catch The Enemy Unawares 766
1368. A War Strategy
767
1369. Section II
767
1370. Forming Ranks On The Battlefield
767
1371. Distinguishing Mark Of Warriors
768
1372. No Shouting
768
1373. Kill The Old But Spare Children Of
Enemy
769
1374. Allowed To Put Enemy Properties And
Fields On Fire.
769
1375. Attack Enemy When He Is Very Near
769
1376. Do Not Kill Labourers Of Enemy
769
1377. Instructions To The Warriors
770
1378. Makkans Threw Challenge To Duel At
Badr
1379. Allowed To Retreat To Get
771
Reinforcement
1380. Section III
772
1381. Use Of Catapult At Battle Of Taif
772
1382. Chapter - Vi
773
1383. Commands Concerning The Prisoners
773
1384. Section I
773
1385. Disbelieving Prisoners Who Will Enter
773
Paradise
1386. Enemy's Spy Should Be Killed
773
1387. Judgement About Treacherous Jews
774
1388. Ruler Of Yamamah Embraced Islam
775
1389. Persecutors Were Let Off
777
1390. The Prophet's Address To The Idolaters 777
Slain At Badr
1391. Return Of Prisoners Taken At Hunayn
778
1392. Prisoner Taken For Prisoner
779
1393. Section II
780
1394. Release Of Prophet's Son-In Law As
Prisoner At Badr
780
1395. The Disbelieving Prisoners At Badr Who 782
Were Killed
1396. Choice Given About Prisoners At Badr
782
1397. A Question Arises
783
1398. Examining The Prisoners
784
1399. Slaves Who Became Muslims Were Not
784
Returned To Disbelieving Masters
1400. Section III
785
1401. Indiscretion On The Part Of Khalid Ibn
785
Walid
1402. Chapter - Vii
786
1403. Protection
786
1404. Section I
786
1405. Protection Extended By Umm Hani
786
1406. Section II
787
1407. Protection Offered By A Woman Is
787
Reliable
1408. Warning To One Who Dishonors The
787
Protection Extended By Him
1409. Be Faithful To Your Covenant
787
1410. Respect For Envoy
788
1411. Covenants Of Jahiliyah Had To Be
789
Honoured If. They Did Not Contravene
The Shari'ah - Divine Law
1412. Section III
790
1413. Envoys And Messengers Must Not Be
790
Killed
770

25
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1414. Chapter - VIII
791
1415. Division Of Spoils & Being Treacherous
In This Regard
791
1416. Spoils Are Lawful For Muslims
791
1417. Spoils Belong To Him Who Slays The
791
Infidel In Battle
1418. Distribution Of Spoils
792
1419. Slaves & Women Have No Share In
792
Spoils
1420. Some Warriors May Be Given More Than 793
Their Shares
1421. About Animals Retaken From Enemy
795
1422. Banu Abd Shams & Banu Nawfal Had
795
No Share In Khums From Khybar
1423. About Fa'i
796
1424. Warning To The Dishonest With Booty
797
1425. Warning Against Misappropriating
798
Property On Which Muslims Have A
Right
1426. Food & Drink May Be Consumed From
799
Spoils
1427. Section II
800
1428. Booty Is Allowed To This Ummah Only
800
1429. Killer Gets Property Of The Slain
800
1430. Slave May Be Given Some Booty
801
1431. Division Of Spoils From Khaybar
801
1432. Reward For Those Who Make More
802
Efforts In Jihad
1433. No Exceptional Share From Fa'i
803
804
1434. Exclusive Gift To Non-Participants Of
Battle
1435. Prophet Did Not Offer Funeral Salah Of 804
Dishonest In Spoils
1436. Warning To One Who Procrastinates In
805
Collecting Booty For Distribution
1437. Punishment To The Dishonest With
805
Booty
1438. Covering Up The Dishonest Is As Bad
806
1439. Booty Should Not Be Sold Before It Is
806
Divided·
1440. Using Booty Unrightfully Is Punishable.
806
1441. Dhul Figar, Sword
807
1442. Nothing Of Booty May Be Used Before
807
Division
1443. Eatables In The Booty
808
1444. The Treacherous Will Be Disgraced On
809
The Day Of Resurrection.
809
1445. Dishonesty Is Punishable Even If About
Little Things.
1446. Khums Was Spent For The Good Of The
810
Muslims.
1447. Uthman & Others Were Denied Share In 810
Khums
1448. Section III
811
1449. The Killing Of Abu Jahl ..
811
1450. Giving Something To Someone Does Not 812
Mean He Is Pious
1451. Uthman Was Given Share Though He
Did Not Participate
813
1452. One Camel Is Like Ten Sheep.
814
1453. Fire From Heaven Would Burn Booty
814
Before Islam.
1454. Dishonest With Booty Will Not Enter
815
Paradise
1455. Chapter - Ix
817
1456. The Jizyah
817
1457. Section I
817
1458. Majusis May Be Made To Pay Jizyah
817
1459. Section II
818
1460. Amount Of Jizyah
818
1461. Jizyah Is Not Wajib On Muslims
818
1462. Remission Against Jizyah
819
1463. Tithes On Non-Muslims
819
1464. Dhimmis -Non Muslim Residents Of A
820
Muslim State- May Be Compelled To
Conclude Treaty
1465. Section III
821
1466. Dhimmis May Be Bound To Be
821
Hospitable To Muslims And Pay The
Jizyah
1467. Chapter - X
821
1468. Al-Sulh - Peace
821

26
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
1469. Section I
822
1470. Peace Treaty Of Hudaybiyah
822
Polytheists From Arabia
1484. Expulsion Of Jews And Christians From
832
Arabia
1485. Section II
832
1486. Section III
832
832
1487. Umar Was Instrumental In Expelling
Jews And Christians From Arabia.
1475. Promises Made To Non-Muslims Must
828
1488. Chapter - Xii
833
Be Honoured.
1489. The Fai
833
1490. Section I
833
1476. Pledge Of Allegiance From A Group Of
828
Women
1491. Where Is Fai Spent
833
1492. Section II
835
1493. Division Of Fai By The Prophet
835
1494. Fa'i Is Divided Equally To All
835
1480. The Expulsion Of The Jews From The
Peninsula Of Arabia
830
1495. Three Things Exclusively For The Prophet 838
1496. Section III
839
1497. The Background Of Fadak
839
1482. Expulsion Of Jews From Arabia
830
1483. Prophet's Instructions To Oust The
831
1471. Three Conditions Of Peace Treaty Of
Hudaybiyah
825
1472. Pledge From Women
827
1473. Section II
827
1474. Some Other Conditions Of The Treaty Of 827
Hudaybiyah
1477. Section III
829
1478. Peace Treaty Written By The Prophet
829
1479. Chapter - Xi
830
1481. Section I
830
1498. Glossary
843
.

27
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
بسم الله الرحمن الرحيم
BOOK - XII
KITAB AL BUYOO
كِتَابُ الْبُيُوع
"BUSINESS TRANSACTIONS"
From the Islamic point of view the practical life of Mankind evolves round two axes. They
are rights of Allah which are (oule) worship, and rights of fellow men which are (x)
mutual dealings of conduct. Both of these alone from the base of all principles, rules and
lows of human life.
The first of these - 'rights of Allah' - has a universal application and concerns every
member of the human society. Hence, the compiler of this book gave them priority in his
book. Now, he begins with the second - 'rights of fellow man.' Its most significant part is
(=) 'business transactions.'
MEANING OF (¿) (BAI): It means 'to sell.' Sometimes it means 'to buy.' Hence, in the
terminology, it means; 'to buy and sell.'
Fakhrul Islam said that in the terminology of Shari'ah (divine law), Bai' is 'to exchange
goods for goods with mutual consent.'
LEGALITY OF BAI': Bai' or 'buying and selling' is established as legal by the verse of the
Quran cited here and the ahadith that will be narrated further down.
وَاحَلَّ اللَّهُ الْبَيْعُ وَحَرَّمَ الرَّبُوا
{Allah has permitted trading and forbidden usury} (2: 275)
KINDS OF BAI': There are three basic things in Bai', meaning 'buying & selling.'
(i)
The agreement between the seller and the buyer.
(ii)
The commodity sold.
(iii)
The price.
From the point of these three things jurists classify Bai' into various kinds.
Thus, as for as the transaction and its ruling whether Bai' is correct or not are concerned,
there are four kinds of Bai' (1) enforced, (2) held in abeyance, (3) improper (4) invalid.1
The enforced is that the seller has the commodity and the buyer has the price, and both of them
are sensible, further, they must conclude the transaction either directly or though an attorney or
a broker. When these three things are found in a sole, then it is very correct and enforced.
The Bai' mawquf or held in abeyance is when someone sells something belonging to
another person without his permission or power of attorney. The ruling is that this
transaction will be correct only when the permission of the real owner is received.
The Bai' that is fasid or improper may be correct is essence, meaning as for as the
transaction is concerned but is improper as for as its quality is concerned, or for some
particular reason. (There may be a shortcoming).
The Bai' batil or invalid is not proper both in essence and in quality. Details and examples
of both fasid and batil will follow, insha Allah, in the chapter
1 The English equivalent of the terminology is adopted from the Heavenly permanent translation of
Muhammad Muhammadi (Darul Isha'at Karachi) pp 305f, 3114f etc.

28
Translation & Commentary of MISHKATUL MASAABIH
Vol.3
بَابُ الْمَنْهِيِّ عَنْهَا مِنَ الْبُيُوُعِ
BUSINESS TRANSACTIONS THAT ARE FORBIDDEN
Bai' from the point of view 'buying' is of four kinds:
(i)
Muqayadh (مقايضة) or bartering.
(ii)
Sarf (3+) or money exchange
(iii)
Salam () or forwarding buying.
(iv)
Bai mutlaq or cash sale.
The Muqayadah is exchange of commodities or bartering.
The sarf is exchange of money or one currency for another, or coins for paper money.
The salam is to receive advance payment for delivery of merchandise at a future agreed date.
The mutlaq is sale against cash payment.
There are four kinds of Bai' in terms of price.
(i)
Murabahah in which the seller sells to the buyer at a profit.
(ii)
Tawalliyah in which the seller sells to the buyer at his cost price.
(iii)
Wadi'ah in which the seller sells to the buyer at a loss.
(iv)
Musawimah in which the two parties agree at a price of a commodity (by
bargaining or otherwise) without consideration of the seller's coast price.
CHAPTER - I
EARNING & SEEKING WHAT IS LAWFUL
بَابُ الْكَسْبِ وَطَلَبِ الْحَلَالِ
. It is to earn a livelihood through lawful means and lawful occupation. This chapter
speaks of the excellence of earning livelihood and points out the appropriate and good
earning and occupant.
The books of fiqh (Islamic jurisprudence) underline jihad as the best occupation, followed
by trading, cultivation and handiwork or mnual effort (like writing, etc).
It is fard (compulsory) to earn and it is also mustahab (desirable). It is also permitted and
forbidden too. Hence, it is fard (compulsory) for a man to earn so much as is enough for
himself and his family's needs and to repay a debt, if any.
To earn more than that is mustahab (desirable) provided his intention is to spend on the poor
and needy and his other deserving relatives.
Similarly, it is permissible to earn more than one's needs if it is to maintain his status in life.
However, it is forbidden to earn merely to hoard money and boast, even if the earning is
through lawful means.
It is necessary for the earner to spend his earning on himself and his family without being
extravagant or miserly, but pursuing a middle course.
If anyone is able to earn his livelihood then it is binding on him to use lawful means to
provide the economic needs of his family and safeguard his and their honourable way
of living. He must not depend on other people. If anyone is helpless and cannot make a
living for himself then it is necessary for him to ask other for help to protect his life. If
anyone refrains from seeking help because of modesty and sense of honour so that
hunger and poverty take away his life then he will be responsible for his own death
and he will have committed sin.
Moreover, if anyone is unable to earn a living then it is binding on whoever is aware of his
condition that he should look after the helpless person. He must feed him or if he cannot do
!
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it himself, then he must recommend other people to help him.
Mawlana Shah Abdul Aziz Dahlawi aus, has quoted this verse:
يَا أَيُّهَا الَّذِيْنَ أُمَنُوا كُلُوا مِنْ طَهِّبَاتِ مَارَزَ قُتُكُمُ
{O you who believe, eat of the wholesome things wherewith we have provided
you.} (2: 172)
JIHAD: He has explained it, saying that the best occupation is jihad provided when one
decides to participate in it, he does not crave for the spoils at all. His intention should be sincere.
TRADING: Next ranks trade as a profession particularly the import and export business to
bring and send commodities for Muslims of different countries or cities. If the businessmen
who engages in this business aims at profit making but also aims at serving the Muslims by
getting them what they need then his business is a form of worship for him.
FARMING: Next ranks cultivation. This occupation too fetches immense reward in the
hereafter apart from providing worldly profit. The cultivator's intention should be to
provide the means of sustenance to'mankind and to beasts and reliance should be places on
Allah's mercy, rain, wind, etc.
SCRIBE: Apart from these three occupations, other occupations do not excel over each
other though the profession of the scribe is better because it is instrumental in service to
knowledge and learning and enables one to refresh religious knowledge, commands and
lives of the Prophets ((> Jingle) and scholars.
OTHERS: The occupations that keep knowledge in circulation or have a deep connection
with society and culture like building, extracting oil, tailoring and so on follow the
foregoing occupations in importance. These professions are better than those that are only
superficial or money making like painting. Decorating, sweetmeat making, perfumery, etc.
However, if these occupations are suitable to the occasion and they do not contravene
Shari'ah (divine law) then they too are not undesirable.
DISTASTEFUL: The occupations that are bad and filthy and lead the creatures astray are
calumny, sweeping, tanning, hoarding grain, washing the dead, selling the shroud,
indulging in immoral activities, brothel-keeping, dancing, singing, mimicking, brokerage,
pleading for someone (and lying in the process), receiving wages for leading
congregational salah (prayer) (as imam) and for calling adhan and for working in the
mosque, receiving remuneration to recite and teach the Quran, and so on. These
professions are all disliked (Shah Abdul Aziz)
LAWFUL: It is stated in Mughni-ul-Talib that the ahadith abound with merits of lawful
earning and the earner. At the same time, a severe warning is sounded to one who begs of
others out of lethargy though he is capable of earning. However, he is an exception who
trusts Allah and relies in Him and does not beg of anyone nor interrupts his religious
pursuits, worship and devotional exercises to work for a living. Also, he does not hope for
anyone's help because this is an inward begging which is worse than the oral begging:
RICH: If anyone is rich enough and earns without putting in hours than he must
devote his time to worship. The same command applies to teachers of religious
knowledge to Muftis, judges and others of the same kind. If they earn enough for their
livelihood then they must continue to occupy themselves in their work and not divert
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CONCEALED POLYTHEISM: A person who engages in an occupation, like trading, must
earn only lawful livelihood. He must refrain completely from the unlawful. He must abide '
by the commands of Shari'ah (divine law) and while working hard he must place trust in
Allah knowing that only He is the sustainer and the profession is only an outward mearis
of livelihood. He must not regard his profession as a provider otherwise that will be (equal
to) a concealed polytheism. He must abstain from unlawful earning, for, the prophet is
jake has said about it, "If anyone gives charity from his unlawful earning then that is not
accepted." The unlawfully earned wealth does not remain after its owner's death but as a
provision of the journey to hell.
SMALL EARNINGS: Some people abstain from large quantities of unlawful wealth but do
not mind small earnings of the unlawful. They must realize that even the smallest among
of it will mingle with their lawful wealth and make all of it doubtful. The ruling again is the
same that we must abstain from the doubtful, too.
GIFTS:
If anyone presents something to another of whose status he is uncertain whether
it is lawful or not, then he must return it to the giver politely and kindly. If that might hurt
him then it must not be returned. Similarly, if probing the nature of a gift might hurt the
giver then the receiver should not investigate whether the gift is doubtful, because it is
forbidden to annoy or displease a Muslim, whereas examing anything for its doubtful
nature is taqwa (piety). The ruling is that the unlawful should not be perpetrated for the
sake of taqwa (piety). However, if it is known without a shadow of doubt that the gift is
from unlawful sources then it must be returned even if the giver is hurt, unless there is
likelihood of trouble arising in which case instead of returning it, the gift may be passed on
to someone in dire straits. If the receiver himself if hard-pressed then he may use it himself.
BAD PLACES: One must keep away from such markets where the unlawful things are
traded. Unless it is known of something that it is unlawful or doubtful, it is not
necessary to probe into its nature, when the unlawful or doubtful nature of anything is
not known, an unnecessary probe and investigation everywhere and for everything
will be merely an evil suggestion.
WAGES: The remuneration of unlawful profession is also unlawful. Examples are stitching
silk garments for men or making golden jewelery for them. Similarly, profit and wealth
derived from illegal trading are also unlawful, like selling hoarded grain.
DRAPERS: The best of all businesses is that of the drapers and the best of all professions is
to prepare and stitch water skins.
FAKE CURRENCY: It is absolutely forbidden to circulate counterfeit coins (and currency).
If anyone gets any, he must throw them into a well or dispose of in such manner.
HONESTY: Every trader and shopkeeper must not deceive anyone. It is wrong to take oath
to support his statements and he must not hide defects in his wares. He must not overdo
when describing his wares as good.
SELLING TO A. WRONG DOER: No trader must sell anything to such a person who
might use it to prepare or do something unlawful, like grapes to a winemaker, weapons to
a bandit and so on. No trader must resort to adulteration, cheat in weight and measures or
deceive in any other way.
UNLAWFUL INCOME: Every trader must tell himself that even a paltry sum of money
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paradise. He must suffice himself with little income because that is mustahab (desirable) and
he must content himself with the business that earns for him enough livelihood. He must
not yearn to engage in other businesses to earn more. Rather, he must use his spare time to
work for the next world. It is foolish to devote oneself wholly to this fleeting world all the
time and do noting for the everlasting hereafter.
SECTION I
الفضلُ الآولُ
MANUAL LABOUR IS BEST
(٢٧٥٩) عَنِ الْمِقْدَامِ بْنِ مَعْدِى كَرِبَ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ مَا أَكَلَ أَحَدْ طَعَامًا قَتُّ خَيْرًّا
مِنْ آَ يَأْكُلَ مِنْ عَمَلِ يَدَيْهِ وَإِّ نَبِيَّ اللهِ دَاوُدَ عَلَيْهِ السَّلَامُ كَانَ يَاكُلُ مِنْ عَمَلِ يَدَيْهِ- (رواه البخارى)
2759. Sayyiduna Miqdam ibn Ma'dikarib us a+, narrated that Allah's Messenger
said, "No one has eaten food better than what he eats on earning from صلى الله عليه وسلم
the labour of his hands. Indeed, the Prophet of Allah, Dawud (>Jule used to eat
from the earnings of his hands' labour."1
COMMENTARY: Sayyiduna Dawud ,>JIAle was not only a glorious prophet but he also
was sovereign over a vast territory that Allah had granted him. It was his habit that he
went about his subjects disguised and asked them about their kings. Once, Allah sent an
angel in the likeness of man and Prophet Dawud (> Jule asked him about himself. He said,
"Dawud is a good man, but he eats from the Bayt ul Maal (State Treasury)." That was it! He
was moved terribly and he prayed, "O Lord of the worlds, make me independent of the
state Treasury and teach me some things whereby I may earn a living for myself." Allah
taught him to make armour. [Allah softened iron in his hands and he was the first one
skilled in making armour from iron.]2
He sold that for four thousand dirhams and some ulama (Scholars) say that he sold them
for six thousand dirhams making one armour each day. He spent two thousand dirhams
on himself and on his family and disbursed the remaining four thousand as charity to
poor of Banu Isr'ail.
In this hadith, the Prophet صلى الله عليه وسلم said that to earn one's one living is the sunnah
(Prophet's صلى الله عليه وسلم practice) of the Prophets عليه السلام. He encouraged the people to earn
through their own manual labour. There is much benefit in that not only to one who works
himself but also to those others who use his product. This man occupies himself so is safe
from bad things and from pride and rebellion. Most of all he is not dependent on anyone
else and lives an honourable life.
ADVANTAGE OF ABSTAINING FROM THE UNLAWFUL
(٢٧٦٠) وَعَنُّ آبيْ هُرَيْرَةَ قَالَ قَالَ تَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ إِّ اللهُ طَيِّبْ لَا يَقْبَّلُ إِلَّ طَبِّبًّا وَإِنَّ
اللَّهَ آمَرَا الْمُؤْمِنِيْنَ بِمَا أَمَرَ بِهِ الْمُرْسَلِيْنَ فَقَالَ يَآَيُّهَا الرُّسُلُ كُلُوا مِنَ التَّيِّبَاتِ وَاعْمَلُوا صَالِهًا وَقَالَ يَأْآَيُّهَا
الَّذِيْنَ امَنُوا كُلُوا مِنْ طَيِّبَاتٍ مَارَ زَقْنَاكُمْ تُؤَّ ذَكَّرَ الرَّجُلٌ يُطِيْلُ السَّفَرَ اشْعَثَ آغْبَ يَمُذُّيَدَيْهِ إِلَى السَّمَاءِ یَارَبٍ
1 Bukhari # 2072 .
2 Stories of the Prophet (>> Ji,gle) (p267), Ibn Kathir. (English tr. Dar ul Ishaat, Karachi)

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يَارَتٍ وَمَطْعَمُهُ حَرَامْ وَمَشْرَبُ حَرَامٌ وَمَلْبَسُهُ حَرَامٌ وَغُذِىَ بِالْحَرَامِ فَأَتَّى يُسْتَجَابْ لِذَلِكَ- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2760
said, "Surely Allah is pure (of all defects) and only such (charity and deeds) are
accepted (by him) as are pure (of shortcomings and defective intention). And,
indeed, Allah has commanded the believers with the same command as He has
given the Messengers, saying:
يَآَيُّهَا الرُّسْلُ كُلُوا مِنَ الطَّيِّبَاتِ وَاعْمَلُوا صَالِحًا
{O you Messengers! Eat of the good things and do righteous deeds.} (23: 51)
And He said:
يَآَيُّهَا الَّذِيْنَ امَنُوا كُلُوا مِنْ طَيِّبَاتٍ مَارَزَقْنَاكُمْ
{O you who believe, eat of the wholesome things wherewith we have provided
you.} (2: 172)
Then, he mentioned (by way of an example) a man who undertakes a long journey,
his hair unkempt and he in a dusty state, stretching out his hands to heaven in
prayer, 'My Lord! My Lord!" But, his food is unlawfully acquired His drink is
unlawful His clothing is un lawful acquired and he is nourished by the unlawful
then, he asked, "How may such a one expect an answer (to his prayer)?"1
COMMENTARY: This hadith emphasizes the excellence of earning what is lawful. It is
the demand of servitude that one must consume pure food. This will enable him to draw
near to Allah.
The Prophet صلى الله عليه وسلم also said that if anyone does not refrain from consuming the
unlawful then his prayers will not be heard. He gave the example of one who undertakes
along journey for Hajj (pilgrimage) or any other worship and prayers on such occasions
and such auspicious prayers are not granted because he does not refrain from unlawful
provision. Supplication has two wings: lawful food and truthful speech (which ensure that
prayer will be granted).
THINGS TO COME
(٢٧٦١) وَعَنْهُ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَاتِيْ عَلَى النَّاسِ زَمَانِهْ لَا يُبَالِ الْمَرْءِ مَا آَخَذَّ مِنْهُ آَمِنَ
الْخُلَالِ آَمْ مِنَ الْخُرَامِ - (رواه البخارى)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Abu Hurayrah .2761
said, "There will come a time to people when no one will worry whether what he
acquires comes from a lawful source or an unlawful source."2
COMMENTARY: As the last Hour approaches, many misdeeds will be perpetrated.
Among them will be lack of distinction between the lawful and unlawful incomes. This
thing is very apparent these days. No Section of society and no group of people are safe
from this malady.
1 Muslim # 65-1015, Tirmidhi # 3000, Musnad Ahmad 2-328, Darimi # 2717.
2 Bukhari # 2059.

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AVOID THE DOUBTFUL TOO
(٢٧٦٢) وَعَنِ النُّعْمَانِ بْنِ بَشِيْرٍ قَالَ قَالَ رَسُولُ اللهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ الْخَلَالُ بَيِّنْ وَالْحُرَامُ بَيِّنْ
وَبَيْنَهُمَّا مُشْتَّبِهَاتٌ لَا يَعْلَمُهُنَّ كَثِيْرٌ مِنَ النَّاسِ فَمَنِ اتَّقُى الشُّبُهَاتِ اسْتَبْرَأَ لِدِيْنِهِ وَعِرْضِهٍ وَمَنْ وَقََّ فِى
الشُّبْهَاتِ وَقَّعَ فِي الْحُرَامِ كَالرَّاعِ يَرُغِى حَوْلَ الْحِفِى يُؤْشِكُ آَنْ يَرْتَةَ فِيْهِ آَلَا وَإِّ لِكُلِّ مَلِكٍ حِمَّى آلَّا وَ
إِثّ حِمَّى اللَّهِ مَحَارِمُهُ أَلَّا وَإَِّ فِي الْجَسَدِ مُضْغَةً إِذَا صَلَحَتْ صَلَعَ الْجَسَدُ كُلُّهُ وَ إِذَا فَسَدَتْ فَسَدِ الْجَسَدُ كُلُّهُ
أَلَّاوَهِىَ الْقَلُبُ - (متفق عليه)
صلى الله عليه narrated that Allah's Messenger رضى الله عنه Sayyiduna Nu'man ibn Bashir .2762
, said, "The lawful is clearly defined, but between them are matters that are
doubtful. Many of the people cannot pick them up. He who avoids the doubtful
things preserves his religion and his honour from blame, but he who stumbles into
them lands into what is unlawful. It is like a shepherd who grazes his animals on
the borders of a sanctuary, he will soon encroach with them into it. Every king has a
sanctuary and know that Allah's sanctuary is what He has declared unlawful.
Indeed, there is in the body a piece of flesh. When it is sound, the whole body is
sound. When it is bad, the whole body is bad. And, it is the heart."1
COMMENTARY: The lawful and unlawful that are well known are pious deed, good
speech, marriage and such things as lawful things, and wine, swine, carrion, adultery,
usury, falsehood, backbiting, etc which are unlawful. Some things there are that cannot be
defined either way. It is not easy for the common man to recognize them. The ulama
(Scholars) have three opinions about these things:
(i)
Do not regard them as lawful or as unlawful or as permitted. This is the
most correct opinion and it should be followed which calls upon us to
desist from them.
(ii)
Regard them as unlawful.
(iii)
Regard them as permissible.
Suppose a man marries a woman and another woman appears and claims to have suckled
both the man and the woman (husband and wife). This raises doubts about their marriage
because they are said to be faster brother and sister. In that case, their marriage is
absolutely disallowed. But, the woman is the lone claimant without any witness recognizes
by Shari'ah (divine law). She could be lying. This means that the marriage is legal. This
situation where arguments differ makes it a doubtful case. Hence, it is better that the man
should divorce the woman because it is better to keep away from the doubtful.
Another example of the doubtful is that someone has lawfully acquired wealth as well as
unlawfully acquired and both are inseparable. So, all his money is of the doubtful kind and
he must refrain from using all his money.
The hadith compares to grazing animals in forbidden sanctuaries, the prohibitions of
Shari'ah (divine law). It is wajib (obligatory) to refrain from doing them and the doubtful
things are like borders of sanctuaries of the common people. These should be avoided lest
1 Bukhari # 52, Muslim # 107. 1599, Abu Dawud # 3329, Tirmidhi # 1209, Nasa'i # 4453, Ibn Majah #
3984, Musnad Ahmad 4-267.

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one trespasses them. Anyone who perpetrates the forbidden is liable to punishment. Some
of these things are such as will not be forgiven, like polytheism. Some of them Allah may
pardon if he will. However, if a sincere repentance is made and forgiveness sought then
everything will be forgiven.
Shaykh Ali Muttaqi àluz, has penned down a sequence; necessary, permissible, makruh
(disapproved), forbidden disbelief. If a person suffices in all fields of his life with such
necessities as maintain him and his honour then he is safe in his religion from every
danger. If he tries to go beyond the limit of the necessities then he lands in the territory of
the makruh (disapproved) (disliked) till greed takes him further into the forbidden limits.
His next step is disbelief. We seek refuge in Allah from that.
The hadith sums up with reference to a person's heart. If it spoils, the entire body spoils
because of sin and disobedience. Every sensible person must concentrate on his heart and
keep it away from base desires otherwise it respects no limits and plunges into darkness.
The good of the body lies in lawful sustenance because it keeps the heart clean. A clean
pure heart gets all limbs to do good deeds and to refrain from evil.
THREE AHADITH: The ulama (Scholars) agree that this hadith bears a large treasure of
knowledge and answers to queries. There are three ahadith on which evolve Islamic laws
and commands. They are:
◌ِأَّمَا الْآَ حُمَالُ بِالنِيَّاتِ
(Deeds are judged according to the intentions behind them).1
مِنْ حُسْنٍ إِسْلَامِ الْمَرْءِ تَرُكُهُ مَا لَّا يَعْنِيُّه
(The beauty of anyone's Islam lies in his abandoning what does not concern him),2
and
اَلْلَالُ بِيِّنْ الخــ
(The lawful is clearly defined .... )3
WAGES OF AN ADULTERESS ARE UNLAWFUL
.
(٢٧٦٣) وَعَنْ رَافِعْ بُنِ خَدِيْجٍ قَالَ قَالَ رَسُولُ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثَمَنُ الْكَلْبِ خَبِيْثْ وَ مَهْرُ الْبَغِّيِ
خَبِيْتُ وَكَسُبُ الْحُجَّامِ خَسِيْتُ- (رواه مسلم)
صلى الله عليه وسلم narrated that Allah's Messenger رضى الله عنه Sayyiduna Rafi' ibn Khadij .2763
said, "The price paid for a dog is impure, the wages paid to a prostitute are impure
and the earning of a cupper are impure."4
COMMENTARY: The Arabic word (.) (Khabith) in the hadith means 'impure' or 'bad'.
However, jurists interpret . it according to the context; unlawful, impure, makruh
(disapproved) (undesirable), etc.
1 Bukhari # 54, Muslim # 155-1907, Tirmidhi # 1653, Musnad Ahmad 1-25.
2 Tirmidhi # 2324, Muwata Maalik 47. 1-3, Ibn Majah # 3976.
3 Tirmidhi under demission (# 2762)
4 Muslim # 41-1568, Tirmidhi # 1279, Abu Dawud # 3421, Nasa'i # 429, Musnad Ahmad 3-464, Darini
# 2621.

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Imam Shafi'I als, has translated the first portion: "The price paid for a dog is unlawful.'
Therefore, buying and selling of dogs is forbidden, both the trained and untrained dog.
Imam Abu Hanifah &t 4>>, Imam Ahmad alder, and some other imams said that trade of
such dogs, cheetahs and beasts is permitted as are beneficial whether trained or untrained.
They say that the price paid for a dog is impure or makruh (disapproved), not unlawful.
The earnings of the cupper are undesirable, disliked. The prophet ,a 1. had himself
paid wages for cupping. Hence, his (cupper's) wages are makruh tanzihi (disapproved
for purification). Therefore, the word (+) is not merely 'unlawful.'
QUESTION ABOUT PRICE OF DOG
(٢٧٦٤) وَعَنْ آَبٍ مَسْعُوُدِ الْآَ نْصَارِيٍّ أَكَّ رَسُوْلَ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّم ◌َى عَنْ ثَّمَنِ الْكَلْبِ وَمَهْرِ الْبَغْيِ
وَخُلُوَانِ الْكَامِنِ- (متفق عليه)
2764. Sayyiduna Abu Mas'ud al Ansari can, narrated that Allah's Messenger a.
the for bade the price paid for a dog, the wages paid to a prostitute and the
offerings made to a soothsayer."1
COMMENTARY: In the commentary on the previous hadith the buying and selling and
price of a dog have been discussed exhaustively. As for this hadith forbidding the price
paid for a dog, the Hanafi ulama (Scholars) say that this applied when the dogs should be
killed and he had forbidden, too, that benefit should be derived from the dogs, Later,
however, he gave permission that dogs should be used for beneficial purposes. It is also
reported that someone killed a hunting dog and the prophet ,la commanded him
to reimburse the owner with forty dirhams. When someone else killed a dog guarding a
herd of sheep, he commanded him to give the owner one ram.
1
Teebi said ale>, that most ulama (Scholars) say that it is not allowed to trade is dogs and
also it is not necessary to pay to the owner for his dog if it is killed whether the dog is
trained or untrained and whether it is allowed to keep the dog as a pet or not allowed. But,
Imam Abu Hanifah als>, has declared that buying and selling is allowed of the dog from
which benefit may be derived, like a watch dog for the house or for sheep. Also, he has
ruled that if such a dog is killed then the such a dog is killed then the person killing it must
pay its price to the owner. The commentary on the previous hadith mentions about the
ruling on the wages to an evil woman.
The soothsayer predicts the future. His wages described as (sl) mean sweetmeat.
However, the terminology gives its meaning as a soothsayer's salary, in whatever form
sweetmeat, clothing, cash, etc.
It is forbidden to visit soothsayers to learn of the future as also to visit astrologers, palmists
and their likes to know the future. It is forbidden to believe them. This will be discussed in
(باب السحر والكهانته).(detail in the chapter on sorcery and prediction; (Divination
FORBIDDEN TO SELL BLOOD
(٢٧٦٥) وَعَنْ أَبِيْ جُحَيْفَةَ آَّ النَّيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ تََّى عَنْ ثَمَنِ الذَّمِ وَ ثَّمَنِ الْكَلْبِ وَكَسُپٍ الْبَغْي وَ
1 Bukhari # 2237, Muslim # 39-1567, Tirmidhi # 1280, Abu Dawud # 3428, Ibn Majah # 2159, Musnad
Ahmad 2-118, Muwatta Maalik # 31. 29-68.

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لَعَنَّ اكِلَ الرِّبَا وَ مُؤكِلَهُ وَالْوَاشِمَةً وَالْمُسْتَوْشِمَةَ وَالْمُصَوِّرَ - (رواه البخارى)
2765. Sayyiduna Abu Juhayfah رضى الله عنه narrated that the Prophet صلى اللهعليه وسلم forbade
the price paid for blood, price paid for a dog and the earnings of a prostitute. He
cursed the receiver of interest and its payer, the one who tattoos and the one who
gets himself tattooed, and the one who draws or snaps pictures or sculptures.1
COMMENTARY: It is forbidden to buy and sell blood because it is impure. Accordingly,
the price paid for it is also disallowed. Some people interpret it to refer to cupping in which
case the prohibition will be makruh tanzihi (disapproved for purification).
Tattooing is to punch holes on the body, or some of it, with needles and fill the holes with
collyrium or oil. The colour is then visible, black or bluish. This is the work of the perverse
and the infidels. This process tends to alter Allah's creation. If a Muslim has done it, he must
find some way to undo it but if that will cause great pain then he must not put himself to
pain but repent and ask Allah for forgiveness. After that, he will not remain a sinner.
The drawing of pictures of living creatures is disallowed. It is not forbidden to draw or
snap pictures of inanimate objects, or to cast sculptures.
Khattabi alo>, has written that pictures can be of two kinds. One is that the picture itself is
the objective and that on which it is drawn is secondary. The other kind is that the picture
is secondary while that on which it is drawn is the real objective, like vessels, walls carpets,
¿etc. While it is allowed to buy and sell and second kind, yet making both kinds of pictures
is forbidden.
BUYING & SELLING FORBIDDEN THINGS IS ALSO FORBIDDEN
(٢٧٦٦) وَعَنُ جَابِرٍ أَنَّهُ سَمِعَّ رَسُولَ اللّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ عَامَ الْفَتْحِ وَ هُوَ بِمَكَّةَ إِّ اللّهُ
وَرَسُوْلَهُ حَزَّمَ بَيْءَ الْهُمْرٍ وَالْمَيْتَةِ وَالْخِنْزِيْرِ وَالْأَصْنَامِ فَقِيْلَ يَا رَسُولَ اللّهِ أَرَ أَيْتَ شُحُوْمَ الْمَيْنَةِ فَإِنَّه تُطْلى
بِهَا الشُّقُّنُ وَيُدَّهَنُ بِهَا الْجُلُوُدُ وَيَسْتَضْسِمُ بِهَا النَّاسُ فَقَالَ لَاهُوَ حَرَامْ ثُمَّ قَالَ عِنْدَ ذَلِكَ قَاتَلَ اللهُ الْتَّهُوْدَ
إِثَّ اللَّهُ لَمَّا حَزَّمَ شُحُوْمَهَا أَجْمَلُوْهُ ثُمَّ بَاحُوْهُ فَأَكَلُوا ثَّمَنَّه- (متفق عليه)
2766. Sayyiduna Jabir us a>, narrated that, in the year of the conquest, he heard
Allah's Messenger صلى الله عليه وسلم say when he was .in Makkah, "Allah and His
messenger have forbidden the sale of wine, dead animals, swine and idols."
Someone asked him about the fat of dead animals because it was used to coat and
plate ships and to anoint skins and people lighted lamps with it. He said, "No that
is unlawful."
Then, he said, "May Allah ruin the Jews! Allah made fat of these animals unlawful
for them but they melted it and sold it to devour its price."2
COMMENTARY: Ata al, said that the command of wine etc. includes music, drums etc.
it is not allowed to buy and sell them. If any one destroys a musical instrument then it is
not wajib (obligatory) on him to pay compensation to the owner.
1 Bukhari # 2238, Musnad Ahmad 2-309.
2 Bukhari # 2236, Muslim # 71-581, Tirmidhi # 1301, Abu Dawud # 3486, Nasa'i # 4669, Ibn Majah #
2167, Musnad Ahmad # 14479.

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}
Imam Shafi'I als>, holds that it is not allowed to trade in fat of a dead animal, to eat it or to
rub on one's body, but it is allowed to put it to other uses. This it may be used to grease
ships or light lamps, etc. He also holds that if impurity drops in butter oil or olive oil or any
oil then it may be used to light lamps or make soap. However, the majority holds that like
buying and selling, it is disallowed to use it in any way whatsoever, because the
prohibition of the dead is general but dyed hide is excepted because its permission is
known in particular.
Imam Abu Hanifah we an+, and his students have allowed that impure olive oil may be
sold. But, they say that it is makruh (disapproved) to light lamps with impure oil,
particularly in mosques.
The hadith winds up with a reference to the play of the Jews who found a round about way
to disobey Allah's command.
It is wrong to circumvent a command to perpetrate the unlawful. Also, any thing's price
attracts the same command as that thing if it is forbidden then its price is forbidden too.
THE DECEIT OF THE JEWS
(٢٧٦٧) وَعَنْ عُمَرَ آَّ رَسُوْلَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ قَاتَلَ اللَّهُ الْتَّهُوْدَ حُرِّمَتْ عَلَيْهِمُ الشُّحُوْمُ
فَجَمَلُوهَا فَبَا عُوْهَا - (متفق عليه)
2767. Sayyiduna Umar رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said,
"May Allah curse the Jews, they were forbidden fats (of dead animals),1
but they melted them and sold them."
CAT AS A MERCHANDISE
(٢٧٦٨) وَعَنُ جَابِرٍ آَّ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ◌َى عَنْ ثَّمَنِ الْكَلْبِ وَالسُِّّوْرِ - (رواه مسلم)
2768. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم forbade
payments for dogs and cats.2
COMMENTARY: Teebi alas, said that the disallowance to use the price paid for a cat is of
the nature of makruh tanzihi (disapproved for purification). Nearly all the ulama (Scholars)
hold that it is allowed to trade in cats, give them as gifts, lend them. However, Sayyiduna
Abu Hurayrah we in, and some of the tabi'un abides by the literal meaning of this hadith.
They held that these things were not allowed.
PROFESSION OF CUPPING IS LAWFUL
(٢٧٦٩) وَعَنْ آَنَسٍ قَالَ حَجَمَ أَبُوْ طَيْبَةَ رَسُولَ اللّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَمَرَلَهُ بِصَاءٍ مِنْ تَمْرٍ وَآَمَرَ أَهْلَهُ
أَنْ يُخَفِّفُوْا عَنْهُ مِنْ خَراچ»۔ (متفقعليه)
2769. Sayyiduna Anas رضى الله عنه said that Sayyiduna Abu Taybah رضى الله عنه cupped
Allah's Messenger صلى الله عليه وسلم.so, he gave instructions that he should be given one
sa' of dates. He also commanded his masters to collect a lesser amount from his
1 Bukhari # 2233, Muslim # 22-1582, Nasai # 4257, Darimi # 2104, Musnad Ahmad 1-25.
2 Muslim # 42-1569, Tirmidhi # 1284, Abu Dawud # 3479, Ibn Majah # 2161, Daraqutni # 271 (Buyu-
Sales).

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earnings (meaning they should reduce from his Kharaj (homage revenue)).1
COMMENTARY: The Arabs used to put their slaves, both male and female, to work in
different professions and had them commit to pay to them a certain part of their earnings.
Abu Taybah رضى الله عنه was a slave of Banu Harithah. He served the Prophet صلى الله عليه وسلم so
that he was very pleased with him and recommended to the masters of Abu Taybah eds >>
to reduce the amount they took from him every day.
This hadith is evidence that cupping is a lawful profession. Wages may be paid for it.
SECTION II
الفضلُ الثَّانِى
EARNINGS OF OFFSPRING'S MAY BE USED
(٢٧٧٠) عَنْ عَائِشَةً قَالَتْ قَالَ النَّبِىُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ إِّ أَظْيَبَ مَا اكْتُمُ مِنْ كَسْبِكُمْ وَإِّ أَوْلَادَ
كُمْ مِنْ كَسْبِكُمْ رَوَاءُ التِِّ مِذِىُّ وَالنَّسَائِىُّ وَابْنُ مَاجَةَ وَفِيْ رِوَايَةٍ آبيٍ دَاوَةَ وَالدَّارِمِيِّ إِثَّ أَظْيَبَ مَا أَكَّلَ
1
الرَّجُلُ مِنْ كَسْبِهِ وَإِنَّ وَلَدَهُمِنْ گسپه۔
2770. Sayyidah Ayshah رضى الله عنها narrated that the Prophet صلى الله عليه وسلم said, "The
best of what you earn is from your earnings and surely your children are part of
your earnings."2
COMMENTARY: The last words of this hadith assert that if parents are no longer able to
earn for themselves then they are allowed to consume from their children's earnings.
However, if parents can make a living for themselves then it is not permitted to them to
burden their children unless the children wish that their parents eat from their earnings. In
that ease, they are allowed to do so.
Allamah Teebi alas, said that if parents are helpless then it wajib (obligatory) on their
son to provide them their necessities of life. But, Imam Shafi'I at , said that the
condition for the-wajib (obligatory) is that they also are unable to earns. Other scholars
do not place this condition.
THE COMMAND ABOUT THE UNLAWFUL PROPERTY
(٢٧٧١) وَعَنْ عَبْدِ اللَّهِ بُنِ مَسْعُوْدٍ عَنْ زَّسُولِ اللَّهِ صَلَّى اللّهُ عَلَيْهِ وَسَلَّمَ قَالَ لَا يَكُسِبُ عَبْدْ مَالٌ
حَرَّامٍ فَيَتَصَدَّقُ مِنْهُ فَيُقْبَّلُ مِنْهُ وَلَا يُنْفِقُّ مِنْهُ فَيُبَارَكُ لَهُ فِيْهِ وَلَا يَتْرُكُهُ خَلْفَ ظَهْرِهِ إِلَّاكَاتَ زَادَه
إِلَى الثَّارِ إِّ اللهَ لَّا يَمْحُو السَّبِيِّ بِالسَّهِ وَلَكِنْ يَمْحُو السَّهِىَّ بِالْحُسَنِ إِثَّ الْخُبِيْثَ لَا يَمُحُوا
الْخُبِيْثَ رَوَاءُ أَحْمَدُ وَكَذَافِيْ شَرُحِ السُّنَّةِ-
صلى الله narrated that Allah's Messenger رضى الله عنه Sayyiduna Abdullah ibn Mas'ud .2771
Lyle said, "If anyone earns unlawful property and gives charity from it then that is
. not accepted from him. If he spends from it (on himself and his family), then he
gets no blessing for it. When he leaves it behind him, it is his provision to hell.
1 Bukhari # 2102, Muslim # 64-1577, Abu Dawud # 3424, Tirmidhi # 1282, Muwatta Maalik 26
(Iztidhm) Musnad Ahmad 3-174.
2 Tirmidhi # 1363, Abu Dawud # 3528, Nasa'i # 4461, Ibn Majah # 2290, Musnad Ahmad 6-162.
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Surely, Allah does not erase evil with evil, but He erases evil with good. Surely, the
impure does not erase the impure."1
COMMENTARY: People are amazing for the sake of this fleeting life, they are prepared to
ruin the never ending life to follow. Here, a man lies, deceives, sucks the blood of the poor,
misappropriates rights of fellow man and stoops so law as to throw away his religion and
faith :. Finally, it becomes for him a provision that sees him to hell. He not only earns the
unlawful but also derives benefit from it. After him, his heirs use what he leaves behind so
they too commit sin. The sins being committed till the last day are recorded against him in
his record of deeds.
If anyone hopes to be forgiven by giving charity from his unlawful earnings then that is not
possible because to give charity from the unlawful is itself a sin. In fact, some ulama
(Scholars) say that if anyone gives charity from unlawful property and hopes for reward
there against then he gets near to the borders of disbelief. Further, if a poor man to whom
he gives this charity known that it is from unlawful property and yet he prays for him then
this poor man to reaches the borders of disbelief.
Sins are forgiven or their punishment mitigated by pious deeds. If any one gives charity,
for example, from the lawful property, then it is a pious deed. A person not only gets re
ward for spending in Allah's path from his lawful wealth, but also his sins are obliterated.
It is as this verse of the Quran says:
إِثَّ الْحُسَنَاتِ يُذُّهِبْنَ السَّيِّئَاتِ
{Surely good deeds will drive away the evil deeds} (11: 114)
These sentences are by way prelude of the last portion of the hadith (Jis!) 'Surely, the
impure does not erase the impure.'
GROWTH FROM THE UNLAWFUL
(٢٧٧٢) وَعَنْ جَابِرٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ لَا يَدْخُلُ الْجَنَّةَ لَخْ نَبَتَ مِنَّ الشُّحُتِ وَكُلُّ
لَخٍُّ نَبَتَ مِنَ السُّحْتِ كَانَتِ النَّارُ أَوْلِى بِهِ- رَوَاهُ أَحْمَدُ وَالدَّارِمِيُ وَالْبَيْهَقِىُّ فِي شُعَبِ الْائْمَانٍ.
2772. Sayyiduna Jabir رضى الله عنه narrated that Allah's Messenger صلى الله عليه وسلم said, "The
flesh that is reared on the unlawful will not enter paradise. For every flesh that is :
bred on the unlawful, the Fire is the most appropriate place."2
COMMENTARY: A person who breeds on the unlawful will not enter paradise before first
undergoing punishment in hell, or he will not make it to the elevated ranks of paradise, or
such people will not be admitted to paradise who consume the unlawful under the
assumption that it is the lawful. Or, the hadith really means to sound a warning against the
evil of consuming the unlawful earnings, that people might stay way from it.
Such a person is exempted from this warning whom Allah forgives when he repents
sincerely or simply out of His mercy and Allah makes those people happy with away their
wealth, or, Allah accepts someone's intercession for him.
LEAVE WHAT IS DOUBTFUL
(٢٧٧٣) وَعَنِ الْحُسَنِ بْنِ عَلِيّ قَالَ حَفِظُكُ مِنْ رَّسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ دَهُ مَايُرِ يُبُّكَ إِلَى مَالَا يُرِيُكَ
1 Baghawi in Sharh us sunnah (Prophet's صلى الله عليه وسلم practice) # 2030, Musnad Ahmad 3-387.
2 Darimi # 2776, Musnad Ahmad 3-321, Bayhaqi in Sha'bul-eeman # 5761.