The Twentieth Greater Sin: Concealing Evidence
To refrain from testifying in an Islamic Court is a Greater sins. It is also clearly classified among the ‘Greater sins’ according to the correct tradition narrated by Hazrat Abdul Azeem. There are some situations when it becomes Wajib to prove right what is right and to prove wrong that is wrong. In the narration mentioned above, Imam Muhammad al-Baqir (a.s.) states that to conceal evidence is a ‘Greater sin’. He presents the following verse as the proof:
“...and do not conceal testimony, and whoever conceals it, his heart is surely sinful; and Allah knows what you do.”
(Surah Baqarah 2:283)
This verse mentioned the sinful heart(his heart is surely sinful).
There are two noteworthy points in this. One: That the concealing of testimony is a sin of the heart. The heart alone commits it, and other organs are not apparently involved in it. The person hides the reality in his heart and does not speak out. Secondly, just as the heart is superior to all the organ of the body the sin associated with the heart is also greater than the sin performed with other organs. It is just like the obedience of Allah through ones heart is much superior than obeying Him in actions. It is this same heart that involves one in a great sin like polytheism. This sins of the heart are definitely more than sins associated with other organs. One of the sins of heart according to the ayat of Quran is concealing evidence. In order to emphasise, Allah says in the later portion of this ayat that,“...Allah knows what you do.”
So that the sinner may realise that even though people may not be aware of this, Allah is certainly cognizant of it, and he shall certainly award the punishment for the same.
Allah the Almighty also says,
“...and the witness should not refuse when they are summoned.”
(Surah Baqarah 2:282)
Similarly in another verse, Allah says,
“And who is more unjust than he who conceals a testimony that he has from Allah?”
(Surah Baqarah 2:140)
Such a person is like the Jews and the Christians, who had seen the characteristics of the Holy Prophet (s.a.w.s.) in the Torah and Injeel but deliberately concealed them.
Testify for the truth even if it harms you
In Surah Nisa, the Almighty Allah says
,
“O you who believe! Be maintainers of justice, bearers of witness for Allah’s sake, though it may be against your own selves or (your) parents or near relations; if he be rich or poor, Allah is nearer to them desires, test you deviate; and if you swerve or turn aside, then surely Allah is aware of what you do.”
(Surah Nisa 4:135)
Thus one must not conceal testimony due to the fear of the rich or due to mercy for the poor. We must not feel undue compassion for the accused who is poor. So, one should neither pay heed to ones own interest and nor should be care for any other person while giving testimony. The Divine command should always be the respected in entirety.
Justice for the enemy
The following verse of Surah Maidah states:
“O you who believe! Be upright for Allah, bearers of witness with justice, and let not hatred of a people invite you not to act equitably; act equitably, that is nearer to piety, and be careful of (your duty to) Allah; surely Allah is aware of what you do.”
(Surah Maidah 5:8)
According to this ayat the testimony should be only for seeking the pleasure of Allah, and any type of enmity should not be an obstacle for stating the truth. Allah (a.j.) say in another verse:
“...and give upright testimony for Allah.”
(Surah Talaq 65:2)
Those who conceal evidence
Imam Muhammad al-Baqir (a.s.) remarks,
“on the day of Qiyamat,Allah shall cut off the flesh of one who conceals evidence; then order him to eat it before all the creatures.”
(Wasaelush Shia)
Imam Muhammad al-Baqir (a.s.) also says that those who conceal evidence are described in the Quran as those whose hearts have sinned. “Hearts have sinned” actually implied the “heart have disbelieved,” according to Imam (a.s.)
Another tradition recorded from Imam (a.s.) is thus:
“One who goes back upon his testimony or conceals it wholly, Allah shall cut off his flesh and force him to eat it before everyone. And when he will enter Hell he would be chewing at his own tongue.”
(Wasaelush Shia)
Hazrat Imam Musa al-Kazim (a.s.) says,
“When you are asked to give evidence, give it. For Allah (a.j.) says:
“Surely Allah commands you to make over trusts to their owners....”
(Surah Baqarah 2:140)
Evidence is itself a trust. Allah (a.j.) also says,
“And who is more unjust than he who conceals a testimony that he has from Allah?”
(Surah Nisa 4:135)
(Wasaelush Shia)
The following tradition of Amirul Momineen Ali (a.s.) is recorded inTafseer Ali Ibn Ibrahim Qummi:
“One who possesses some evidence, has to make it known. And when he is asked for it, he must give it. He should not fear anyone’s criticism. He must fulfill his obligation of Amrbil Maroof (enjoining good) and Nahi Anil Munkar (forbidding evil).”
Is it wajib to testify?
Is it wajib to become a witness if one is requested by a believer brother to do so, in order he may achieve some benefit from the case which he is pursuing in the Islamic Court? According to most of the Mujtahids it is wajib. Allah the Almighty Himself Says:
“..and call in to witness from among your men two witnesses; but if there are not two men, then one man and two women from among those whom you choose to be witnesses, so that if one of the two errs, the second of the two may remind the other; and the witnesses should not refuse when they are summoned;”
(Surah Baqarah 2:282)
Hisham says that Imam Ja’far as-Sadiq (a.s.) said,
“And the witness should not refuse when they are summoned”
(Surah Baqarah 2:282) means when they are summoned to become witnesses. And in the succeeding ayat,
“...and do not conceal testimony” means concealing testimony from a shariat judge.”
Numerous traditions state that becoming a witness is wajib (obligatory). For example, Muhammad Bin Fuzail asked Imam Musa Al-Kazim (a.s.) the meaning of the above ayat (Surah Baqarah 2:282)
“And the witnesses should not refuse when they are summoned.”
Imam (a.s.) replied,
“When someone calls you to give evidence in a matter of some debts or some right, then you do not have the choice to ignore it.”
(Wasaelush Shia)
The Quranic command in the verse 282 of Surah Baqarah asking the witness to testify before the shariat judge implies that the person had in the first instance been a witness of the transaction etc. Only a person who had been a witness to a happening could testify in the court. Otherwise it is highly improbable that one would summon for witness such people upon whom it is not incumbent to testify.
People whose supplications are not accepted
Hazrat Imam Ja’far as-Sadiq (a.s.) says:
“Dua of four types of people is not answered.”
A Person who sits idle at home and prays to Allah to provide him with sustenance is told, “Have we not ordered you to make effort for obtaining your sustenance?”
The person who prays for some misfortune for his wife. He is told, “Have we not given you the choice of giving her divorce if you do not want such a wife?”
One who had squandered the money and spent it in evil ways. Now if he prays for sustenance, he is told, “Did we not order you to spend in moderation?”
One who gives a loan to someone but does not make anyone witness it. Hence if the borrower refuses and the creditor prays, he is informed, “Had we not ordered you to have witnesses?
(Iddatud Dai)
Thus when one is called to be a witness it is wajib to comply, even if he has to travel some distance. It is incumbent upon him not to be careless in this regard. He must memorize all the details or put them in writing if necessary so that there is no scope for doubt or misunderstanding in testifying in the future. So that he would be able to testify with certainty.
Testifying is wajib and concealing evidence, haraam
Sometimes it happens that a person becomes a witness by his own choice without being summoned for it. For example he may see or hear something while he is just passing by. Then if later he is summoned to testify, these are two types of situations:
One: If he testifies, he may be able to save a Muslim from some harm or enable him to secure his right and if he will not give evidence a Muslim will be harmed or will not be able to secure his right. In this type of situation it is wajib for him to testify. If the witness is not acquainted with the person who is on the right or if he has forgotten him, it is still wajib upon him to approach the shariat judge and inform him what he has seen or heard. In a situation when a Muslim is harmed or losing some right, it is haraam for the witness him to remain silent. It is wajib if one is capable to help the oppressed and prevent the oppressor from oppressing.
Similarly under the circumstance when not testifying and remaining silent is not going to cause any harm to a Muslim or not depriving him of his right then it is not wajib to give evidence. In this case even if he is ordered to testify he could refuse. Because, he had not been made a proper witness to the case. Secondly, his not testifying is not going to cause any harm to anybody.
Muhammad Ibne Muslim says, quoting an authentic tradition from Imam Muhammad al-Baqir (a.s.): “If one hears a evidence (i.e. he becomes a witness) but he had not been made a witness, then if he likes he can testify or he can prefer to remain silent.”
(Wasaelush Shia)
Testify only if you are certain
The witness is required to pay attention to all the aspects of the matter that he has witnessed and when he is testifying he must only say that, about which he is certain. He must not mention those things, which he himself has not heard, or seen. It should be clear as the Sun, as mentioned in the tradition.
When a true testimony will oppress someone
It should be known that a testimony should not endanger the life, property or honour of a Muslim. It should also not pose a threat to the life, property and honour of the witness. It is wajib to give evidence and haraam to conceal it so that justice is established in the society and injustice is eradicated. The oppressor may be punished and the right may be restored to its owner but if the testimony itself becomes the cause of oppression it is not wajib to testify. Rather it is haraam to testify in such a case. In such a situation it is wajib to conceal evidence. For example if one knows that if he testifies against a particular oppressor he will take revenge
from him or his is relatives, or he may plunder his wealth.
In this situation it is wajib to conceal evidence. In the same way if one sees that on one hand the debtor is sunk in debts and there is no way he could prove his poverty; and on the other hand the creditor is not prepared to spare him. If the witness gives evidence the poor debtor will be oppressed. In this case too it is wajib to conceal the evidence.
Hazrat Imam Musa Al-Kazim (a.s.) says:
“Give evidence for the sake of Allah even you have to testify against yourself, your parents to your own relatives - But you must not cause harm to your believing brother by concealing evidence. But if your believing brother is going to be oppressed, then do not testify.”
(Wasaelush Shia)
Dawood Ibne Hasan says that he heard Imam Ja’far as-Sadiq (a.s.) saying:
“Give evidence for the sake of Allah, even if you have to testify against your parents or your own son. But do not give evidence to cause harm (Zaeer) to your believing brother.”
The narrator says that, ‘I asked, “What is Zaeer?” He (a.s.) said,
“It is when someone who has a right, and in order to obtain it he resorts to oppression, contrary to the order of Allah and the Holy Prophet (s.a.w.s.) For example, a man is indebted to another, but the debtor is in straitened circumstances. In this situation, Allah has ordered that he must be given respite till he becomes self-sufficient. And (Allah) says,
...then let these be postponement until (he is in) ease…
Now if in spite of this the creditor summons you to testify, and you know the poverty of the debtor, then it is not permitted for you to testify (that he has taken the loan).”
(Wasaelush Shia)
A Tradition from Imam Musa al-Kazim (a.s.)
Muhammad Ibne Qasim ibne Fuzail narrates a traditions from Imam Musa Al-Kazim (a.s.). He says, “I asked Imam (a.s.), ‘One of your devotees has taken a loan from an enemy of yours. The creditor wants to oppress him and have him imprisoned. Allah knows that he has no money to repay the debt, neither is he capable to do so at present. He does not even have Bayyanah (two just witnesses) to prove his bankruptcy. Then is it allowed for him to take an oath so that he can prove his bankruptcy and obtain respite till the return of favourable conditions? And if from your Shias there are some witnesses who can testify against him, (that he has taken the loan) can they testify?’”
Imam Musa Al-Kazim (a.s.) replied,
“It is not permitted for them to testify. And it is not permitted for the creditor to oppress the debtor.”
(Al Kafi)
When testifying harms
When we speak about the haraam testimony that cause harm to a Muslim, we mean that harm which is a wrongful harm and a misplaced oppression but if the person deserves that harm and is deserving of the punishment, then it is wajib to give the evidence. For example a person commits a crime. The witness of this crime does not testify only because if he does so the one against whom he testifies will recall his debt. This is not a valid excuse. The criminal must be punished according to the law of shariat even if the witness has to suffer a monetary loss. If the accused is a poor man he can somehow prove his bankruptcy, either by Bayyanah (two just witnesses) or by taking an oath. However, if the hardship for the witness is more than the actual crime of the accused then the witness has a valid excise to refrain from testifying.
Harm and being deprived of benefit
It must be mentioned that to be harmed is different from being deprived of some benefit. In the examples mentioned above, if a witness refrains from testifying due to the fear that the accused will deprive him of some money, or if some benefit does not come to him it does not amount to be harmed.
However if the accused is the employer of the witness and he will fire him from his job thus causing untold hardship, it is allowed for the witness to refrain from testifying. As it could be regarded as a “harm,” in common parlance.
Hence we can conclude that false oath, false testimony and concealing evidence, each of these are Greater sins if there is no risk of any harm. If there is any chance of any harm to a Muslim or an innocent witness, then they do not remain sins - they are permitted. Rather in some circumstances these actions become wajib. For example when someone’s life is in danger, but as far as possible one must give priority to the more important alternative.
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Author: Ayatullah Sayyid Abdul Husayn Dastghaib Shirazi
