GREATER SINS Volume 2

GREATER SINS0%

GREATER SINS Author:
Translator: Sayyid Akhtar Husain S.H. Rizvi
Publisher: ISLAMIC STUDY CIRCLE
Category: Miscellaneous Books

  • Start
  • Previous
  • 23 /
  • Next
  • End
  •  
  • Download HTML
  • Download Word
  • Download PDF
  • visits: 10916 / Download: 2661
Size Size Size
GREATER SINS

GREATER SINS Volume 2

Author:
Publisher: ISLAMIC STUDY CIRCLE
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

The Eighteenth Greater Sin: False Oath

The traditions mention that ‘false oath’ is one of the greater sins. To convey a false report under a false oath is a greater sin. Especially, to swear by Allah for a false thing is an extremely dirty sin. According to the traditions such a person shall be sunk in depravity, and surrounded by fire in hell. The traditions state that false oaths remove belief from the sinner in the same way as a sharp-edged blade shaves the hair from the body.

False swearing is a greater sin as mentioned in a correct tradition recorded by Abdul Azeem and also in the tradition of Imam Reza (a.s.) as quoted by Fazl Ibne Shazaan. There is a report from Imam Ja’far-e-Sadiq (a.s.) in the book‘Tuhafful Uqool’ :

“False swearing causes destruction of the faith.”

(Behaarul Anwaar)

Punishment for a false oath

“(As for) those who take a small price for the covenant of Allah and their own oaths-surely-they shall have no portion in the hereafter, and Allah will not speak to them, nor will he look upon them on the day of resurrection nor will he purify them, and they shall have a painful chastisement.”

(Surah Ale-Imraan 3:77)

This same verse was quoted by Imam Ja’far as-Sadiq (a.s.) to prove that taking a false oath is one of the greater sins.

The Prophet (s.a.) orders the taking of oath

An interesting incident is quoted in Tafseer Al-Mizan from the bookAmali. Imrul Qays and another man had a dispute regarding some landed property. Both of them came to the Holy Prophet (s.a.w.s.). He (s.a.) asked Imrul Qays,

“Can you provide two just witnesses to substantiate your claim?”

He replied, “No!”

The Holy Prophet (s.a.w.s.) said,

“Then your opponent should take an oath.”

Imrul Qays said, “But what if he swears falsely and acquires my property?”

The Holy Prophet (s.a.w.s.) replied,

“If he swears falsely he shall be included among people who will not be eligible for Divine Mercy on the Day of Judgment. And Allah shall not purify him of sins. There would be a dreadful punishment for such a man!”

When the litigant heard these statements he was filled with horror and gave up his false claim to the property of Imrul Qays.

Hazrat Imam Ja’far as-Sadiq (a.s.) is reported to have said:

“One who knowingly takes a false oath had made war upon Allah.”

(Al Kafi)

Imam Muhammad al-Baqir (a.s.) says that the Holy Prophet (s.a.w.s.) said:

“Refrain from false oaths, because it destroys inhabitations and makes the sinner helpless.”

(Al Kafi)

According to other traditions, false oath and severing relations are two such sins that cause the destruction of towns and cities. The inhabitants are eliminated and the progeny terminated.

Evil consequences of false oaths

Hazrat Imam Ja’far as-Sadiq (a.s.) says,

“One who swears falsely becomes poor within forty nights” (means forty days).

(Al Kafi)

Many traditions of similar connotations are present. The same Imam (a.s.) has also said:

“The false oath that takes one to the fire is the one which is taken to usurp the right of a Muslim or to usurp his property.”

And Imam Ja’far as-Sadiq (a.s.) also remarks,

“When a person say, “Allah knows!” when in fact he is speaking a lie; then Allah tells him, “Didn’t you find any one other than Me to ascribe the falsehood to?”

  (Al Kafi)

The Holy Imam (a.s.) also says:

“When a person says ‘Allah knows’ and the fact is that Allah knows contrary (to what he alludes), the heavens shudder due to the might and Divine anger.”

Types of oaths (something is proved by swearing and some action becomes compulsory due to the oath)

Oath is taken to prove some fact or report, or to relate the same with emphasis. There are four kinds of such oaths:

Wajib (Obligatory).

Mustahab (Recommended).

Makrooh (Detestable).

Haraam (Prohibited).

When does it become wajib (obligatory) to swear?

If there is a danger to life or honour of self or of another Muslim, it becomes wajib to take an oath to ward off the same. In the same way to protect the property when it is wajib to protect it. In this case too swearing becomes wajib. So much so that in some cases even a false oath becomes wajib. However in all such situations, the person should first try his best to employ ‘Toriya’ instead of a false oath as a precautionary measure.

Mustahab oath

There are situations when it is Mustahab to take an oath and sometimes it becomes Mustahab to refrain from taking it. In case a situation concerning the property of self or of another Muslim is such that it is not wajib to swear. Then in this case it shall be Mustahab to do so. Property worth thirty Dirhams and less is usually considered to come within this type of oath.

Zurara asked Imam Muhammad al-Baqir (a.s.): “The oppressive rulers forcefully collect taxes from us. Can we swear falsely that we have nothing to give tax on when it is not possible to save our money without swearing falsely? What should we do?

Imam (a.s.) said,

“Take such oaths! Such oaths are more sweet than dates and butter.”

(Wasaelush Shia)

However if the property is not worth much especially, that which is valued less than thirty Dirhams then it is Mustahab not to swear falsely even if it may be necessary for saving oneself from the oppressor.

Hazrat Imam Ja’far as-Sadiq (a.s.) has quoted the following tradition from the Holy Prophet (s.a.w.s.):

“Respecting the Greatness of Allah if one refrains from swearing, Allah shall give him much better than whatever he has lost.”

  (Furu Al Kafi)

Imam Ja’far as-Sadiq (a.s.) says:

“If there is claim against you regarding some property and the claimant does not have any right upon you, and desires to make you take an oath, then if the claim is for something worth less than thirty Dirhams, hand it over to him and do not take an oath. But if it is worth more than thirty Dirhams, take the oath and do not give him anything.”

(Furu Al Kafi)

The Holy Prophet (s.a.w.s.) says:

“If a person takes his debtor (or one who owes him something) to the court of the ruler; and the king asks him to swear; and knowing that he is on the right he respects the Greatness of Allah and refrains from swearing, then on the Day of Qiyamat Allah shall not desire for him a position less than that of Hazrat Ibrahim (a.s.).”

Imam Sajjad (a.s.) avoids swearing

In the bookAl Kafi there is a tradition, which say that a wife of Imam Sajjad (a.s.) had some connection with the tribe of Bani Hanifa. A Shia of Imam (a.s.) informed him that this wife of his bore enmity to Amirul Momineen (a.s.). After investigating the matter Imam (a.s.) divorced her. She had already received the Meher amount (Dower), but she filed a claim for it against Imam (a.s.) in the court of the ruler of Madinah. She demanded four hundred Dirhams as Meher from him. The ruler of Madinah told Imam Sajjad (a.s.); “Either you swear that you have already paid her or you pay the amount of Meher (now).” Hazrat Syed-e-Sajjad (a.s.) did not swear, but ordered his son Hazrat Muhammad al-Baqir (a.s.) to pay four hundred Dirhams to the woman. Hazrat Baqir (a.s.) said, “May I be sacrificed for you! Are you not on the right?”

Imam (a.s.) replied,

“Why not? But I consider Allah to be much more honourable than this matter, that I swear by His name for some petty worldly property.”

Swearing for the sake of emphasis

Not only it is permitted but it is mustahab to swear in order to emphasize on a true fact, or to prove some fact, or to show its importance. For example the Holy Prophet (s.a.w.s.) speaks after taking the oath:

“By Allah! Allah does not delay in forgiving, Though you may be lazy in seeking it.”

(Masaalik)

Another example of an oath is the following saying of Amirul Momineen (a.s.):

“By Allah! If people knew what I know then very few would have laughed and many more would have wept.”

(Masaalik)

There are numerous Quranic verses and the traditions of Masoomeen (a.s.) where oath is taken. All of them are of this same type. They are for emphasis and for proving particular facts.

A person wrote a letter to Imam Muhammad Baqir (a.s.) and asked about something which was being wrongly attributed to him (Imam a.s).

Imam Baqir (a.s.) wrote the following reply,

“By Allah! What is being attributed is not correct. But under no circumstance do I like to say “By Allah” to disprove it. Yet I regret that such a thing is being said when it really not so.”

(Mustadrakul Wasael)

Swearing is makrooh

We have already describes the wajib and Mustahab oaths. Apart from these in all other situations, it is Makrooh (detestable) to swear. It is same whether it is for something past, present or future. In ordinary situations, for ordinary matters, taking an oath is Makrooh. If one unnecessarily swears that, “such and such happened, or “at present it is this” or “it will be like that,” it is Makrooh to say so and it is Makrooh to swear for something which is true. Swearing for a false thing is certainly Haraam. It is the command of Imam Ja’far as-Sadiq (a.s.):

“Do not swear by the name of Allah, whether you are speaking the truth or lying.”

(Furu Al Kafi)

“Because Allah says in the Holy Quran”:

“And make not Allah because of your swearing (by Him) an obstacle to your doing good....”

(Surah Baqarah 2:224)

Hazrat Imam Ja’far as-Sadiq (a.s.) also says,

“One who swears falsely by Allah for a lie has disbelieved, and one who swear by Allah for truth has sinned, because Allah says: “Do not use Allah for (taking of) your oaths.”

(Furu Al Kafi)

The above quoted traditions could be simply explained thus:

To swear falsely in the name of Allah is definitely a greater sin and one who indulges in a greater sin, falls down from the highest position of Faith. Due to this some amount of disbelief comes to his heart. Imam (a.s.) has also called a true oath a sin and he has used the word “Ithm” (sin). Since it is well known among the Mujtahids that a true oath is Makrooh the word sin would imply something which is very very undesirable.

A Lesson from Hazrat Ali (a.s.)

The bookFuru Al Kafi also contains the following report from Imam Ja’far as-Sadiq (a.s.):

“The apostles of Hazrat Isa (a.s.) came to him and said, “O the teacher of good, give us some advice.”

He (a.s.) said, “Certainly, Musa, the Prophet of Allah commanded you not to swear falsely by Allah. And I order you not to swear falsely and (nor) truly.”

(Furu Al Kafi)

Oath of the respectable objects and personalities

Wherever it is permitted to swear by Allah, it is also permitted to swear by other honourable personalities or respectable objects. In such situations it is allowed to take an oath by the Quran, the Kaaba, the Prophet (s.a.) or the Imam (a.s.). In the same way oath upon any other respectable object is also permissible. For example a person may swear by his father or son etc.

Those traditions that prohibit swearing by Allah’s name prohibit it for proving ones right, and does not prohibit proving a true fact by that oath. However when a situation arises when it becomes obligatory to take an oath, then one must swear only by Allah. Oath by any other object or personality will not be absolutely correct and from the Shariat point of view the matter will not end conclusively. Similarly if one has to take an oath for performing a particular action in the future, in this case too, one must swear only by Allah. Any other vow does not have any legal standing.

The oath that is haraam forever

The oath which is Haraam forever and which one can never take is that of dissociating with Allah and His religion. For example a man says;

“If I do not perform this particular action, I shall be dissociated with Allah and His religion.” Such an oath is certainly Haraam.

In the same way if one says:

“If I do not do this, I would have disbelieved in the Holy Prophet (s.a.w.s.), or I would have rejected the Mastership of Ali (a.s.), or I would become a Jew,” etc.

Such a kind of vow is also Haraam. Such a thing is absolutely Haraam even if one wishes to prove the truth or to lay emphasis upon a fact, or it may be with regard to performance or avoidance of an action in the future. It may also concern the past or the present. In all such circumstances such a type of vow is prohibited.

The Holy Prophet (s.a.w.s.) heard a person say, “Woe be unto you, if you leave the religion of Muhammad (s.a.w.s.) then which religion would you follow?”

The narrator says that the Holy Prophet (s.a.w.s.) did not speak to this man till the end of his life.

(Al Kafi)

Imam Ja’far as-Sadiq (a.s.) informed Yunus Ibne Zabyan:

“O Yunus! Do not speak about dissociating from us in an oath. One who takes oath from it, whether for a true thing or a falsehood, he really becomes dissociated from us.”

(Al Kafi)

Expiation for a haraam oath

The expiation for an oath which is haraam, (the oath which states dissociation with divine personalities), according to a group of Mujtahids is equal to expiation of Zihar (when vows to abtain from one’s wife). Another group of Mujtahids has prescribed its expiation to be equal to that of breaking a vow and it is the same as the penalty of breaking or not keeping a Wajib fast of Ramazan.

(Refer Shariyatul Islam)

However, Shaykh Mufeed (r.a.) says that if one breaks the vow of dissociation then he has to feed to satiation ten poor people and must also repent. The same decree is proved from a letter of Imam Hasan al-Askari (a.s.), which is quoted in the book“Masaalik” .

Imam (a.s.) says,

“He shall feed ten poor people with a “Madd” (approximately ¾ of a kilo) of food and seek forgiveness from Allah.”

In this penalty, the following things can be given: wheat, wheat flour, barley, rice or any other cooked food.

Since the chain of narrators for this tradition is authentic, one must act upon it as a precautionary measure.

Imam Ja’far as-Sadiq (a.s.) and Mansur Dawaniqi

A man came to the Abbaside king Mansur Dawaniqi and began to instigate him against Imam Ja’far as-Sadiq (a.s.). He said, “He desires to launch an attack upon you. He has sent out money to different places for this and this still continues. He has always supported the sons of Abdullah ibne Hasan, Muhammad and Ibrahim, and these two have confronted you.”

Mansur summoned Imam Ja’far as-Sadiq (a.s.) from Madinah. When Imam (a.s.) reached the court of Mansur, he quoted the false allegations and severely criticised the Imam (a.s.).

Imam (a.s.) replied,

“I seek the refuge of Allah from such things. All these are false allegations.”

Mansur called the man who had laid these false allegations against Imam (a.s.). The accused man came and repeated his accusations. Imam as-Sadiq (a.s.) asked him,

“Can you swear for the truth of your statements?”

This accused person began to say, “By Allah! The one besides whom there is no god, He is the...”

Imam (a.s.) interrupted him,

“Do not make haste in taking the oath, say as I command you.”

Mansur asked, “Is there any defect in the oath which he has taken?”

Imam replied,

“When a man swears by Allah, praising the Divine qualities, Allah refrains from sending an immediate retribution. So he should say like this, “I swear by Allah ignoring His Might and Power. And seek the refuge on my own might and power that whatever I have said is the truth.”

Mansur ordered that man to swear in this manner. The man began to take the oath and had not even completed it when his tongue rolled out like a dog and he fell down dead.

Is it against a prohibited oath?

Someone may think that this narration mentions the prohibited form of oath. It is not so. Muhaqqiqe-Qummi says that in the first place the chain of narrators of this tradition is weak. Secondly it may be that ordering such an oath may be the sole prerogative of an Imam. The Imam (a.s.) knew that the one taking such an oath is not a believer. He was an enemy of Ahlul Bayt (a.s.) and it was necessary to resort to such means in order to clear himself of the false allegations.

(Jame ush-shataat)

From the explanation of this tradition by Muhaqqiq it is clear that Imam (a.s.) considered that accursed man deserving of death and his death only depended upon the oath of dissociation. It was also necessary that the position of Imam (a.s.) may not be caused disrespect. Also that the Imam (a.s.) can save himself from being killed at the hands of Mansur. Another benefit that accrued was that, Mansur for the time being refrained from oppressing the other Sadaat (descendants of Holy Prophet) and believers.

Repenting for a false oath

The method of repenting for a false oath is that one must feel extremely remorseful for it. He should know that he had considered the Divine Name of Allah to be a plaything, and that he has committed a sin. The more remorse he feels and the more serious he considers his sin, the closer he shall be to the Divine Mercy and Forgiveness. If due to this false oath some monetary loss has occurred to a believer or a believer has been insulted, the one who had taken the false oath must compensate for the monetary loss and apologise to the believer and as much as possible he should try to make up for the harm that has been caused due to his false swearing.

When is the vow correct?

There are some requirements for the correctness of a vow that a person takes for performing or avoiding particular actions in the future. If all the requirements are fulfilled then it is haraam to break this vow. If it is broken, expiation becomes wajib.

The following are the conditions for such vows:

The vow should be with regard to a wajib or a Mustahab act. For example, he can vow that he shall not intentionally leave the Morning Prayer, or not leave the Namaz-e-Shab. In the same way if one vows to abstain from a particular thing, it has to be one of the haraam or a Makrooh thing. For example he can vow that he shall not speak a lie in future or he can vow to refrain from spitting in the mosque. A vow to refrain from Mubah (permitted) act or thing is only correct when there is some benefit in it. For example it is Mubah to smoke. So one can take a vow in order to give up this habit.

Vows with regard to all the five types of actions, i.e. Wajib, Mustahab, Haraam, Makrooh and Mubah are correct only when the name of Allah is uttered with a firm intention to do or to refrain from a particular thing. One must not swear by Allah in jest. If one is in a habit of saying, “By Allah I shall do this.” or “By Allah I shall not do it” then unless he seriously means it, such a vow is not considered to be correct.

The Quran says:

“Allah does not call you to account for what is vain in your oaths, but he calls to account for the feeding of ten of the Muslim brothers. And it is proved with all its necessary conditions; then there is no way except to dismember it. Society is rendered safe due to this measure.”

(Surah Maidah 5:5)     

Useless Vow

From the foregoing discussion we can conclude that vow is only valid when there is some inherrent good or evil in the concerned action. Therefore one can take a vow only for acts that he is inclined towards or those that are wajib or mustahab. Similarly if a person vows to refrain from a particular action he must feel an aversion to it or it should be something makrooh or haraam. Hence to vow to perform some lewd action is itself lewdness. Such a vow is invalid from shariat point of view. We must never vow to perform evil acts whether it is evil according to reason or according to shariat.

It is haraam if one vows to omit wajib or mustahab prayers or vows not to speak to his mother or any other relatives. It is also not allowed to vow against performing the Hajj if one capable for it. To vow that one would never mediate between two believers is also haraam. All such vows are invalid. Hence if one of us have ever taken such vows we must repent for them.

Hazrat Imam Ja’far as-Sadiq (a.s.) says,

“If one takes a vow to refrain from a beneficial act he must perform it (and disregard the vow). There is no kaffarah for breaking such a vow. It is only a satanic instigation.”

(Al-Kafi)

Although apparently the above tradition and other such reports imply that vow for mubah acts is invalid if it concerns something beneficial, the mujtahids are of the opinion that one must exercise caution and in case decides to act against the vow he must pay the kaffarah. According to the majority of the jurists a mubah thing becomes wajib if one takes a vow for it. Thus the best thing is to follow the path of precaution.

Saeed Aeraaj, a narrator of traditions says that he asked Imam Ja’far as-Sadiq (a.s.) about a person who had vowed not to do particular thing, whereas it some that was beneficial. Now that person was also worried to disregard his vow.  Imam (a.s.) said,

“Have you not heard the Messenger of Allah (s.a.w.s.) say that whenever you find that you have vowed against doing something that is better to be done, you must ignore your vow.”

(Al-Kafi)

Types of Vows

In the same book,Al-Kafi we have a tradition of Imam as-Sadiq (a.s.) that he said,

There are three types of Vows:

A vow that maked hell incumbent.

A vow that makes kaffarah wajib.

A vow that neither earns hell nor entails kaffarah.

A vow that makes hell incumbent is a false one. It is a vow

that proves harmful to the Muslims. It is called Yaman Ghamoos in the  religious terminology.

       A vow that entails Kaffarah is one which is taken to perform a charitable act or taken to refrain from an evil. If a person breaks such a vow he is liable to pay kaffarah for the same. In addition he must feel remorse for it and repent.

       Lastly, a vow that neither earns hell nor makes kaffarah wajib is the vow of doing qat-e-rehmi taken under duress before a tyrant ruler, the parents or ones spouse. Other vows likes to do some evil act or to refrain from a wajib are also included in this. Those who wish to study the details may refer to the comprehensive books of jurisprudence.

The Nineteenth Greater Sin: False Testimony

According to the corpus of traditions false testimony is a Greater sin. It is also mentioned in the narration of Abdul Azeem quoted from Imam Muhammad al-Taqi (a.s.). Similarly the tradition of Fazl ibne Shazaan includes it in the list of Greater sins as mentioned by Imam Reza (a.s.). That it is a Greater sin is also proved by the hadith of Imam Ja’far as-Sadiq (a.s.) as quoted by Amash. We have already mentioned in the chapter on “lying” that falsehood is a Greater sin. False testimony is also a branch of falsehood.

In the tradition narrated by Hazrat Abdul Azeem, Imam (a.s.) has proved the “greatness” of “False Testimony” on the basis of the following verse of the Holy Quran:

“And they who do not bear witness to what is false....”

  (Surah Furqan 25:72)

“...These shall be regarded with high places...”

  (Surah Furqan 25:75)

In this verse the word “false” signifies the action of proving a falseh thing true.

Another verse says,

“...therefore avoid the uncleanness of the idols and avoid false words.”

(Surah Hajj 22:30)

The Holy Prophet (s.a.w.s.) says that,

“To testify falsely tantamounts to polytheism.”

It is mentioned inTafseer Abdul Fath Razithat the Holy Prophet (s.a.w.s.) repeated this statement thrice and then quoted the above ayat (Surah Hajj 22:30)

A similar kind of tradition is recorded inMustadrakul Wasael , from Imam Muhammad al-Baqir (a.s.).

“In the Quran Allah has compared false testimony to polytheism.”

Allah mentions the “uncleanness of the idols” and “avoid false words” in a single verse, one after the other.

“False words” imply sin and false testimony

From the traditions quoted above it becomes clear that whenever the term ‘False Words’ etc. occurs in Quran it implies


“lying.” Similar verses have been quoted in the chapter of music and songs. Hence some traditions state that “False words” refer to music or songs. Actually the word ‘false’ stands for every evil, wrong and undesirable thing. Music songs and lies head the list of these things.

The punishment of hell for the false witness

Hazrat Imam Muhammad al-Baqir (a.s.) says,

“Whenever a person testifies falsely to usurp the property of a Muslim, Allah writes at that very moment a punishment of the blazing fire for this man.”

(Al Kafi)

Imam Ja’far as-Sadiq (a.s.) says,

“The false witness does not move from his place but the punishment of fire already becomes incumbent for him.”

(Al Kafi)

The Holy Prophet (s.a.w.s.) says:

“False testimony before an oppressive ruler is not yet complete when a place in the fire (Hell) is already decided (for the false witness).

(Al Kafi)

The Messenger of Allah (s.a.w.s.) has also said,

“One who testifies falsely against someone will be hung by his tongue with the hypocrites in the lowest portion of Hell.”

“And if one usurps the property of his believing brother, Allah does not give an increase in his sustenance till he repents for it.”

  (Wasaelush Shia)

Hazrat Imam Muhammad al-Baqir (a.s.) narrates from the Holy Prophet (s.a.w.s.) that he said,

“One who hides testimony before a just Islamic judge, or gives a false testimony to shed the blood of Muslims or intends to usurp a Muslims property by it, he shall be raised on the day of the judgment in such a condition that there will be darkness before his eyes and face scratched. The people shall recognise him by these signs (that he had testified falsely).”

(Wasaelush Shia)

The Holy Prophet (s.a.w.s.) says,

Shall I inform you about the Greater of the Great sins?

The companions said, “Why not O! Prophet of Allah (s.a.w.s.).” The Prophet (s.a.w.s.) said,

“To make someone a partner of Allah, and the disobedience to parents...” The Prophet (s.a.w.s.) was resting his back against the wall. Now he sat up straight and continued in a more serious tone, “And beware! (Every) Falsehood!”

The narrators say that the Holy Prophet (s.a.w.s.) has denounced falsehood so many times that we wished he had not done so.

(Mustadrakul Wasael)

Since we have already explained that ‘Falsehood’ includes every type of lying it also includes false testimony. The Holy Prophet (s.a.w.s.) has also described ‘Falsehood’ to be a Greater sin. False testimony is a manifold sin. One, lying is a Greater sin and secondly it amounts to accusing a Muslim falsely. Which is itself a Greater sin. Thirdly, due to a false witness someone is innocently oppressed, and oppression is another Greater sin. Also, through false testimony a person tries to prove something as his own when it does not belong to him rightfully, this is another Greater sin because it amounts to making lawful a thing that is prohibited by Allah. Lastly, usurping someone else’s property is also a Greater sin. Thus we can say that many great sins constitute a single sin called, “False testimony.”

One should testify only after knowing the facts

It does not make any difference whether one knowingly gives a false testimony or he testifies without being certain of the facts. Both of these are ‘Greater sins’. It is wajib upon the witness not to testify till he is sure of the facts.

Hazrat Imam Ja’far as-Sadiq (a.s.) says:

“Do not testify till you are as certain as you are about the palm (of your hand)”

(Wasaelush Shia)

Some one inquired from the Holy Prophet (s.a.w.s.) as to when it is allowed to testify as a witness. The Prophet (s.a.) told him:

“Can you see the sun?”

“Yes,” he said.

“Testify like it or do not.” (Meaning you should testify only if you are absolutely certain, otherwise you must not do so).

  (Wasaelush Shia)

Hazrat Imam Muhammad al-Baqir (a.s.) says,

“The witness should testify only for that about which he is certain. He must fear Allah. To testify without having certainty or to testify against something without being certain is also falsehood. Allah (a.j.) says,

Refrain from falsehood! And remain upright for (the sake of) Allah and do not be among the polytheists.

  So, Allah has equated ‘false testimony to polytheism.”

(Mustadrakul Wasael)

One who testifies falsely is soon exposed

If a person testifies in an Islamic court and later he repents for his testimony. Then it is first determined whether he had knowingly and intentionally testified wrongly or he had done it lacking certainty. If it was an intentional lie, then that person is branded as a transgressor whose testimony is no more valid in the Shariat Court but if he had been a victim of doubt and uncertainty he is not disqualified from testifying in the future.

However, if due to the wrong testimony of a witness someone had to undergo undeserved punishment or suffer harm, it becomes wajib for this witness to make up the loss. The details of such laws could be obtained from the books of Jurisprudence.

One of the methods of disproving a testimony is that the witness himself confess to its falsity. Another procedure for this is that two just witnesses may testify against him. This is known as ‘Bayyana’. Finally, the Judge may on the basis of some firm evidence falsify the testimony of a witness who had tried to mislead the court. Hence the judge is empowered to reject a witness if he is himself certain. If someone has suffered a loss the judge shall award him some exemplary punishment of a few lashes so that he may not repeat such a crime in future.

The judge would also announce in the city and the surrounding areas that such and such person is a false witness so that people may not be misled by him and may not rely upon his evidence. In this way, one who testifies falsely becomes notorious for his falsehood in the society, and as result of it the wellbeing of society is maintained. Both these actions i.e. exemplary punishments and warning the people against the false witness, are put into effect whether the judge has already passed his judgment (based upon that false testimony) or not.

They do not qualify as a witness

Imam Ja’far as-Sadiq (a.s.) is reported to have said,

“The false witness must be lashed, and the number of lashes is determined by the Imam (or the Islamic judge) and he should be paraded (in the city) till people know him (and may not rely on him in the future).”

The Imam (a.s.) recited the following verse of the Quran:

“...and do not admit any evidence from them ever; and these it is that are the transgressors, except those who repent after this and act aright, for surely Allah is Forgiving, Merciful.”

(Surah Nur 24:4-5)

  (It means that after he repents and reforms, his evidence again becomes valid)

The narrator says that he asked Imam (a.s.), “How do we know that he has repented?”

Imam (a.s.) replied,

“At the place where he is lashed, he must confess in public that he had given a false testimony. And he must seek the forgiveness of Allah. In this way it could be known that he has repented.”

  (Wasaelush Shia)

Compensating for the loss

If, due to a false testimony a Muslim had to suffer some monetary loss or there is a loss to one’s life or property the witness has to make good the loss. A narrator by the name of Jamil inquired from Imam Ja’far as-Sadiq (a.s.) regarding the one who has testified falsely. Imam (a.s.) told him:

“If the disputed property is still intact it must be restored to the rightful owner. If it is not then the false witness is responsible to the extent of it’s loss.”

(Masaalik)

That is, the false witness must reimburse by providing a thing similar to that which is lost or must pay the price for the same. Detailed laws are discussed in the books of Islamic Jurisprudence.

Repentance for this sin

The method of repenting for a false testimony has already been explained. The first important requirement is that the sinner must fell a deep remorse for the act committed by him. He must also seek the forgiveness of Allah for disobeying His command. The Muslim who had to suffer a loss must be compensated. As Allah Himself says,

“Except those who repent after this and act aright, for surely Allah is Forgiving, Merciful.”

(Surah Nur 24:4-5)