The Twenty Second Greater Sin: Khayanat
The twenty-second greater sin, according to the established opinion of Quran and hadith is defalcation or misappropriation of property in ones charge. That it is one of the greater sins, is proved from the authentic tradition related by Abdul Azeem from Imam Muhammad Taqi (a.s.) and also from other traditions from Imam Sadiq (a.s.), Imam Kazim (a.s.) and Imam Reza (a.s.)
Khayanat is itself an Arabic word. In the tradition of Imam Ja’far as-Sadiq (a.s.) as related by Amash it is included in the list of the greater sins. Another Arabic word used for this connotation is “ghulul.” ‘Ghulul’ is used in the narration of Fazl Ibne Shazaan when he quotes Imam Reza (a.s.). This also implies “misappropriation.” According to some lexicographers ‘ghul’ denotes misappropriation of a property obtained as spoil of war against the disbelievers but not yet distributed among the Muslims. However other scholars maintain that ‘ghulul’ applies to every kind of embezzlement.
The punishment of misappropriation according to the Holy Quran
The Almighty Allah says
“...and he who eats unfaithfully shall bring that in respect of which he has acted unfaithfully on the day of resurrection; then every soul be paid fully what it has earned, and they shall not be dealt with unjustly.
Is then he who follows the pleasure of Allah like him who has made himself deserving of displeasure from Allah, and his abode is hell; and it is an evil destination.”
(Surah Ale Imraan 3:161-162)
In Surah Tahrim we find the verse:
“Allah sets forth an example to those who disbelieve, the wife of Nuh and the wife of Lut: they were both under two of our righteous servants, but they acted treacherously towards them so they availed them naught against Allah, and it was said: Enter both the fire with those who enter.”
(Surah Tahrim 66:10)
Also Allah (a.j.) says:
“… Surely Allah does not love the treacherous.”
(Surah Anfal 8:58)
and
“O you who believe! be not unfaithful to Allah and the Apostle, nor be unfaithful to your trusts while you know.”
(Surah Anfal 8:27)
Similarly the Quran says,
“…but if one of you trusts another, then he who is trusted should deliver his trusts, and let him be careful (of his duty to) Allah, his Lord;...”
(Surah Baqarah 2:283)
At another place the Divine Book states,
“Surely Allah commands you to make over trusts to their owners...”
(Surah Nisa 4:58)
Breach of trust denounced in the traditions
The Holy Prophet (s.a.w.s) says:
“One who embezzles a property in his charge and does not deliver it to its owner and dies in such a condition, then he does not die in my community (he does not die a Muslim). When such a person meets Allah, He shall be infuriated with him. And one who purchases an embezzled property knowing that it is embezzled is just like the (actual) embezzler.”
(Wasaelush Shia)
Another tradition states,
“And it will be ordered to throw him in the fire; he will remain in the deep pit of the Hell forever.”
(Wasaelush Shia)
The Prophet (s.a.) is also reported to have remarked,
“If one is Muslim, he must not practice deceit and defalcation. For I have heard from Jibraeel that deceit and cheating belong to hell.”
Then he (s.a.) continued,
“One who cheats a Muslim is not from us, and one who embezzles the believers is (also) not from us.”
(Wasaelush Shia)
The following tradition is recorded in the bookAl Kafi
:
“There are three qualities that are the sign of a hypocrite even if he prays and fasts and calls himself a Muslim: lying, violating promises and defalcation.”
This tradition had already been mentioned in the previous discussion.
Amirul Momineen Ali (a.s.) says;
“There are four things and even if one of them enters a house it causes economic catastrophe and it never remains blessed: defalcation, thievery, wine and adultery.
(Wasaelush Shia)
Thus if one or more members of a household indulge in one of these sins, such a household is deprived from divine blessings. It brings about an economic ruin. It must also be clarified, however, that the house of the thief is deprived of ‘barakat’ (divine blessings) and not the place where robbery occurs.
Misappropriation causes misfortune
The Holy Prophet (s.a.w.s) remarks,
“Trustworthiness causes one to be self sufficient (financially) and misappropriation causes poverty.”
(Wasaelush Shia)
The narrator says that I said to Imam Ja’far as-Sadiq (a.s.),
“There is a lady in Madinah, with whom people leave their daughters for training (and education). We have observed that she could maintain herself with so less, but we have never known her to have any financial problem.”
Imam Sadiq (a.s.) remarked,
“It is because she is truthful and trustworthy. These two qualities increase sustenance.”
(Wasaelush Shia)
Another tradition from the same Imam (a.s.) is as follows:
“Do not be deceived by the prolonged sajda and rukoo of a man, they may be a part of his habits (that he could not avoid). See his truth and trustworthiness.”
Thus it is these qualities that prove righteousness and piety.
Anyone could be a bailor
We have numerous traditions dealing with this subject. They emphatically state that it is wajib to guard the trust and haraam to misappropriate it, whether the bailor is a Muslim or a Kafir. It is even wajib to protect the goods entrusted by a Nasibi (those are openly inimical to Ahlul Bayt a.s.) in spite of the fact that the Nasibi are the worst kind of people.
Hazrat Imam Ja’far as-Sadiq (a.s.) says:
“Fear Allah! And return the entrusted thing to the owner. Even if the murderer of Ali (a.s.) entrusts me with something, I shall deliver it to him (when he desires).”
Imam (a.s.) also says,
“Then fear Allah! And guard the trusts (placed by) the white as well as the black (people). Even if the bailor is from the khwarij (those who hate Ali [a.s.] or a Syrian.” (That is even if he is a confirmed enemy of the Ahlul Bayt (a.s.)
A man inquired from Imam Ja’far as-Sadiq (a.s.),
“Is it allowed to misappropriate the property of a Nasibi?”
Imam (a.s.) replied,
“Honour the trust of every person who entrusts you with it or seeks your advice. Even if it is the killer of Imam Husain (a.s.).”
(Wasaelush Shia)
Another similar narration is as follows:
Husain Shabani says that he asked Imam Ja’far as-Sadiq (a.s.), “One of your follower considers the property and blood (shed) of Bani Umayya permissible for himself. He is also in possession of some property entrusted to him by the Bani Umayya?”
Imam (a.s.) replied,
“Restore the entrusted property to its owner even if they are Majoos (fireworshippers).”
Imam Ja’far as-Sadiq (a.s.) is also reported to have said,
“Allah has not sent any messenger but (the with the order to propagate) truth and restoring of trust, whether of a righteous man or a sinner.”
(Wasaelush Shia)
Muhammad Bin Qasim says hat he mentioned to Abul Hasan, Imam Musa Al Kazim (a.s.) regarding the person who had entrusted someone with something valuable. “The bailee is an Arab and he is competent enough not to return the trust. Whereas the bailor is a wretched Khariji (enemy of Ahlul bayt)?”
Imam (a.s.) said,
“Tell him to return the trust; because it is a divine trust that he is entrusted with.” (Meaning that it is a trust, which is to be guarded according to divine command).
Hazrat Imam Zainul Abedin (a.s.) advises his Shias:
“You must return the trusts when required. By the One who has sent Muhammad (s.a.w.s) as a messenger with trust, even if the killer of my father Husain (a.s.) had entrusted me with the sword with which he had slain him, I would have delivered it back to him.”
The Satan instigates
Satan has a tendency to instigate more if a particular duty holds a higher position in Islamic Law.
Hazrat Imam Ja’far as-Sadiq (a.s.) says,
“If a person makes good the trust in his possession, he unties a thousand knots that had tied him to Hell. So, do not be sluggish in delivering trusts. When one becomes a bailee Iblees orders a hundred of his assistants to follow him so that they may deviate him and suggest him to defalcate. They continue to pursue him till he is doomed. Except the one who is saved by Allah (a.j.)”
Ameen (Trustworthy) – A Title of the Holy Prophet (s.a.w.s.)
Every historian has recorded that even prior to the declaration of his prophethood, the disbelievers of Quraish addressed the Holy Prophet (s.a.w.s) by the title of ‘Ameen’. The disbelievers trusted him to the extent that even though they did not heed his call and profess Islam, they deposited their valuables with him, and it was not restricted to the Quraish tribe. Even the people of other tribes and areas had a firm faith in his trustworthiness. When these people came to Mecca during the Hajj season they used to put their belongings in the safe custody of the Holy Prophet (s.a.w.s). This continued after the declaration of prophethood. When the Prophet (s.a.) migrated to Madinah he gave all the things that were in his custody to Hazrat Ali (a.s.) and said:
“Proclaim loudly, every morning and evening in Mecca that whoever had kept anything with Muhammad (s.a.w.s) may collect it.”
Types of misappropriations
Defalcation is the opposite of safekeeping. It is of three types: Breach of trust with Allah, with the Holy Prophet (s.a.w.s) and the people.
1. The trust of Allah
“Surely We offered the trust to the heavens and the earth and the mountains, but they refused to be unfaithful to it and feared from it, and man has turned unfaithful to it; surely he is unjust, ignorant.”
(Surah Ahzaab 33:72)
What is meant by Divine trust? The scholars have a variety of opinions in this regard. Some opine that it denotes intellect. The safekeeping of this means that man should employ it to recognise and obey his Creator. According to other scholars this trust consists of the laws of Islam that Allah has sent through His Prophet (s.a.). These laws are a Divine trust. To guard these laws means to obey them faithfully. It is obvious that the heaven, the earth and the mountains did not possess the ability to protect these trusts and hence they refrained from accepting them but man was competent and therefore he accepted the trust. Certainly man is an oppressor and the oppressed. He allows his power of emotions to subvert his intellect and as a consequence performs a breach of Divine trust and certainly man is ignorant and foolish. He permits his desires to override reason and in this way becomes oblivious of divine retribution; he thus defalcates in the trust of Allah.
The blessings of intellect and trustworthiness
Intellect or the reasoning ability is one of the greatest trusts that Allah has bestowed upon man. Safeguarding it denotes taking it as ones guide. We must not say or do anything that is against reason. If we allow our desire to conquer reason we would have committed a breach of trust. As regards the safekeeping of trust with reference to the rules of Shariat one must make it a point to learn and understand his legal obligations. He must know the laws governing every aspect of his life. He should not be ignorant of any of the rules of religion. After learning these laws he is further obliged to accept them and follow them in all sincerity.
Imam Muhammad Baqir (a.s.) says:
“Misappropriating the trust of Allah and His Prophet (s.a.w.s) is their disobedience. As far as the breach of trust is concerned, every person is the bailee of the laws revealed by Allah.”
(Tafseer Safi)
It means that the Divine laws promulgated for men are Allah’s trust. The safekeeping of these trusts implies their obedience.
It is said that it was the time for prayers, Amirul Momineen Ali (a.s.) became pale and restless and his face became pale. People were shocked to see him thus, and asked him the reason for it. He replied,
“It is the time for prayers! It is the time of delivering the trust that Allah had offered to the heavens, the earth and the mountains, which they had refused. This is what I feared!
However, it is not restricted to prayers. All the laws of Shariat are trust of Allah but prayers occupy a more lofty position.
Propagating the laws of religion
It is pathetic that most of the people in our time are committing breach of Divine trust. People are so busy with the materialistic world and envy that they have no time to learn the basic laws of religion. Leave alone acting upon them. Day by day religion is becoming inconspicuous and less and less respect is given to the Divine laws. More than ever before, it is the necessity of the day that people should not only learn about religion but they must also propagate it to others. We must act upon the laws of shariat faithfully and also exhort others to do the same.
2. Trust of the Holy Prophet (s.a.w.s)
Both Shias as well as Sunnis agree that before his passing away the Holy Prophet (s.a.w.s) had said,
“I leave among you two weighty things, the Book of Allah and my Progeny.”
The Prophet’s words after this, according to history are,
“On the day of Qiyamat I will question you concerning them” (as to how you have safeguarded them).
According toTafseer Majmaul Bayan:
The Quran and the Progeny have been referred to as “two weighty things” because to follow them is very difficult (or has much weightage). To guard them is also not an easy task. The true Muslim is one who is able to carry the weight of this responsibility. A Muslim must obey the Quranic orders and follow the Ahlul Bayt (a.s.). Alas! The followers of Muhammad (s.a.w.s) did not safeguard the important trusts.
“And the Apostle cried out: O my Lord! Surely my people have treated this Quran as a forsaken thing.”
(Surah Furqan 25:30).
May Allah not include us in that majority of people about whom the Prophet (s.a.) shall complain to Allah.
Ahlul Bayt (a.s.) are the Trust of the Holy Prophet (s.a.w.s.)
Ahlul Bayt (a.s.) are themselves a trust that the Holy Prophet (s.a.w.s) had left with us. To honour this trust is to love them (Ahlul Bayt). We must believe in their truth with a sincere heart. We must obey their commands. We must consider their orders to be the commands of Allah (a.j.) and the Holy Prophet (s.a.w.s). They must be regarded as the Hujjat (proof) from Allah. By sending them Allah has completed the proof. We cannot say that there was no one to lead us after the death of the Holy Prophet (s.a.w.s). They should be considered to be the link between Allah and us. We must also respect the Sadaat (the sayyeds) as they are from the Progeny of Ahlul Bayt (a.s.). We should fulfill the needs of the Sadaat, for in his way we would be safeguarding the trust of their ancestors. On one hand the Ahlul Bayt (a.s.) are themselves the trustee of the Holy Prophet (s.a.w.s) after his passing away. They are the trustees of Divine laws and knowledge from the time of his death till the Day of Judgment and on the other hand they themselves are a trust of the Holy Prophet (s.a.w.s) upon us. They are a trust like the Holy Quran. One of their rights upon us is that we consider their grief and sorrow as our own and their happiness and joy as our own. If they are alive we must go to meet them and if they pass away we should go for the ziarat of their tombs.
3. Trusts of the people.
This type of trust is also further divided into two:
(1) Trust of Property and
(2) Trust of the Shariat.
The first one denotes any goods or property that a person keeps with someone for safe custody. This again is of various forms. Sometimes one keeps a valuable with another person solely for its safekeeping. Sometimes a thing is given for use and that it may be returned after the use is over. This is also known as Ariya or Musta’ar. Another kind of trust is when a particular thing is given on hire and it’s rent is collected. For example a house. This is also a kind of property trust. Sometimes a valuable is pledged as the surety for some loan. This is also a kind of trust. If the loan taken against this surety is not repaid this item is sold to recover the dues. In the same way in transactions of Mudarabba (partnership) the property is given out for trading purpose. A loan is also a trust. Thus all these are different property trusts.
Trusts of Shariat
By trust of shariat we mean the property which is in possession of a person not its actual owner. The owner may not have handed it over to the trustee. For example, a strong wind blew a cloth from our house to the neighbours, or someone sold to us a stray goat belonging to someone else, or we buy something but when we unpack the parcel we find that the seller has given us an extra item by mistake, or the buyer may pay the seller more than the prescribed rates, or we may find some money on the way, or one may come to acquire some stolen goods or those belonging to someone else. All these things are considered as trusts according to the shariat. It is wajib to restore them to the rightful owners. Those who have them in their possession should not use such things. Another example of this is a letter addressed to another person. It is wajib upon the person to send it to its rightful addressee. It is haraam to open or read a letter addressed to someone else.
Misappropriating other’s property
If one is in possession of a person’s property, it is haraam to embezzle it. As we have already stated, it is a greater sin. Misappropriation is a compound of three sins:
(1) Injustice
(2) Disregard of an obligatory act and
(3) Illegally using someone’s property
1. Illegally using someone’s property
It is a sort of injustice to use the property or a thing belonging to someone else without his permission. It is haraam even to borrow something without the permission of the owner. It is haraam to use the thing even for a moment. In fact, even displacing a thing without permission is haraam if there is no religious excuse but if one expects that the owner will permit it, its use is allowed but if some loss occurs or if the thing is spoilt, the user is liable for it.
But if the user has tried his best to safeguard the thing and in spite of it, it is lost or damaged, then he is not accountable.
He does not have to make good the loss but if he had been careless he has to pay for the damage. Similarly one who uses a thing without the owner’s permission is liable for any loss. Rather, he has to restore the thing immediately or obtain permission for it. The 91st verse of Surah Tauba says,
“…there is no way (to blame) against the doers of good;...”
This ayat shows that the trustee who has done a good deed by guarding a property will not be made to pay to the owner if there is any loss or damage. The bailor has no lawful recourse against the bailee.
Carelessness in guarding the trust
If according to common sense the bailee had not taken reasonable care of the goods or had kept them in an unsafe place, he shall be made to pay in case of loss or damage. It is also not allowed to hand over the property in ones trust to someone else for safekeeping. In this case it is necessary to seek the owner’s permission. If the trust is transferred to another person and a loss occurs, then the first trustee shall be held responsible. It will amount to be a sort of carelessness on his part. Thus even if he considers someone else to be a better trustee he cannot move the goods to him without the permission of the owner. In the same way the trustee cannot carry the trust with him when he goes on a journey. The owner’s permission has to be sought in this case too. If the bailee intends to travel, he can keep the property in a safe place, but he can hand it over to another person only with the permission of the owner. However if there is a risk of loss or damage in his absence he must return the trust to its owner or his representatives. If the owner or his representatives are also not available, he can surrender the trust property to the Mujtahid or the religious judge. Or he may avoid travel altogether. But if the journey is more important than the safe-keeping of this trust; and the owner, his representative nor a Mujtahid is present then he can, to ensure its safety keep it with someone reliable. He may even carry it with himself on the journey in such circumstances.
If one is sure that he will not be able to take care of the trust, it is wajib for him to refuse to accept it. If such a person has already taken it, it is wajib for him to return it but if in spite of his inability to safeguard the trust property, the owner insists to hand over the property, it is allowed to accept it. For in this case the owner would bear the loss in the event of the goods being lost or damaged. The bailee cannot be held responsible, and also if one is compelled to become a trustee against his wish, it is better to try to take care of the goods entrusted, even in this case.
It is apparent that this transaction of (bailor and the bailee) is a legal transaction. Either party may terminate the agreement whenever he or she desires. That is, the owner may ask for his property whenever he likes. In the same way the bailee can return the goods in his trust to the owner when he wants. However, it is wajib for the bailee to return the trust when the owner demands it and the bailor cannot insist upon the bailee to continue to safe-guard his goods when he (the bailee) wishes to relieve himself from the responsibility.
3. Delay in returning the trust
If the bailor is a Kafir not living under the protection of an Islamic government,
under special circumstances it is permitted to appropriate his property, but if he entrusts this same property to us, it is not permitted to take it for ourselves. However, if a thief has stolen something, or if something is acquired illegally and kept in safe custody, it is wajib to accept it and restore it to its rightful owner.
As we have already mentioned, anything that is maintained as trust must be restored to the owner or his representative; that is, some responsible member of his family and even if they are not available, the trust could be given in charge of a Mujtahid or his representative. If even these are not available the trust must be handed over to a reliable person. Specially when one perceives the approach of death he should immediately arrange for the return of the trusts in his charge. If none of the above possibilities are present then it is wajib upon the dying person to make a will and provide the address of the owner so that the property may be restored him.
In the same way if the owner learns that the trustee is dead, it is wajib for him to go and collect the things that he had deposited as trust. If the heirs of the deceased do not recognise him he can describe the distinguishing features of the trust property and obtain it from them. Similarly if the owner dies the trustee is under obligation to return the trust to the heirs of the deceased.
Transactions of hire, ariya (free loan), mortgage and partnership
As we have already mentioned, all the goods that are the basis of the above transactions constitute a trust. Whenever the owner demands the property it has to be restored immediately. However, if a period had been agreed upon, the owner cannot demand his property before the end of the stipulated period. For example, the landlord cannot expel his tenant before the expiry of the agreement of tenancy. Similarly the pledged article cannot be taken back without the repayment of loan. The same is the case with a loaned article.
At the end of the stipulated period the trustees are obliged to return the property that had been in their possession even if the owner has not demanded it back, but if the owner extends the period it is allowed to retain it.
However, ‘Ariya’ is a transaction where the owner is at liberty to demand back his property whenever he likes. For example, someone has borrowed a book for a week but the owner demands it the same day. The borrower, in this case, is obliged to return the book immediately. ‘Ariya’ is just like the keeping of some trust. The owner can ask for it whenever he wants. Even though he may have given it for some time, he can demand it whenever he likes.
Search for the owner - Sadaqah on his behalf
The above discussion was regarding the property trusts. If someone is in possession of a sharaii trust he must return it. If the owner is not known, the finder of a property has to search for him for one whole year. He must publicise it from masjids etc. If the owner is still unlocated he must give all of the found property in charity on behalf of the owner.
The bailor and the bailee should be adults
A transaction of trust is valid only when both the parties are sane and adult. So it is not allowed for a child or an insane person to entrust his property to someone and neither is it allowed to entrust them with something. However, if the guardian of a child or an insane person permits it, it is allowed to hold their property in trust but whether the guardian permits or not, if a property of a minor or an insane is held in trust and some loss or damage occurs the trustee has to make good the loss. He has to return it to the guardian and not directly to the minor or insane person but if one finds a minor child or an insane person in possession of something and there is a risk of it being lost or damaged, he can take it from him and deliver it to his guardian.
These are thus some laws regarding trusts. For detailed laws one can refer to the books of jurisprudence. The important thing is to understand the significance of trusts and to avoid the pitfalls of a sin like misappropriation. We shall present one more ayat and a few traditions before closing this chapter.
Trustworthy people praised in the Quran
It is mentioned in Surah Aale Imraan:
“And among the followers of the Book there are some such that if you entrust one (of them) with a heap of wealth, he shall pay it back to you; and among them there are some such that if you entrust one (of them) with a dinaar he shall not pay it back to you except so long as you remain firm in demanding it; this is because they say: There is not upon us in the matter of the unlearned people any way (to reproach); and they tell a lie against Allah while they know.”
(Surah Aale Imraan 3:75)
This verse praises those Christians who do not embezzle when something is entrusted to them by non-Christians and it denounces the Jews who consider it permissible to misappropriate the property of anyone who is not a Jew. They falsely claim that they have been given a licence by Allah to do so.
When the Holy Prophet (s.a.w.s) recited this ayat, he said:
“The enemies of Allah lie! I have corrected every custom and belief of the age of Jahilya (ignorance) but (the matter of) trust is as it was. Whether the trust belongs to a righteous person or an evil one, it has to be returned.”
(Tafseer Majmaul Bayan).
This shows that the embezzlers are like those Jews who defalcated and if a Muslim considers embezzlement to be permissible, he is included among the enemies of Allah.
Recovery of damages from a property in trust
The Quran and Hadith clearly state that under no circumstances is it allowed to pilfer a property held in trust. Shaykh Tusi in his book,‘Nihaya’
and other Mujtahids have also mentioned this fact.
Narrators of traditions have mentioned the following from Imam Ja’far as-Sadiq (a.s.):
“One person sends another with money to purchase a cloth. When the latter goes to the market he sees that he already has the same type of cloth at home. So can he come back and without saying anything give him the cloth that he was already having and retain the money?”
Imam (a.s.) continued, “He should not even think of doing this and make himself contaminated with such a sin.” Then Imam (a.s.) recited the 72nd ayat of Surah Ahzaab:
“Surely We offered the trust to the heavens and the earth and the mountains, but they refused to be unfaithful to it and feared from it, and man has turned unfaithful to it; Surely he is unjust, ignorant;”
Then the Imam (a.s.) further said:
“Even if this man has something better than what is available in the market, he must not give it to the buyer without informing him of the fact.”
(Tafseer Safi)
This is because the actual transaction consisted of taking the person’s money to the market and purchasing a cloth. Anything contrary to this is ‘Khayanat’.
Sulayman Bin Khalid says,
I inquired from Imam Ja’far as-Sadiq (a.s.): “A man had borrowed some money from me. Not only did he not repay the loan but he also took an oath that he did not owe me anything. Later he kept some of his money with me as a trust. Can I recover my debt from this money?”
Imam (a.s.) replied,
“Certainly that person has betrayed you but you should not betray trust. You must not commit the same sin.”
(Nihaya of Shaykh Tusi)
As we have already mentioned, Shaykh Tusi and the other great Mujtahids have given a clear verdict in the light of the Quranic verses and unambiguous ahadith, that Khayanat is totally prohibited.
But in the bookMilhiqat Urwatul Wuthqa,
the late Kazim Tabatabai says, “It is commonly believed by the Mujtahids that to recover one’s legal dues from a property held in trust is permitted.”
The fatwa of Late Kazim Tabatabai was also to this effect, but precaution dictates that one must refrain from such a course of action.
Similarly if a person gives some money to another for giving it to a poor sadaat, and the latter himself happens to be a sadaat and poor, he cannot keep the money for himself without the permission of the owner; but if it is certain that the owner will agree to it there is no harm in it.
The burden of khayanat and the Day of Judgement
The Messenger of Allah (s.a.w.s.) has said,
“Beware! One should not commit Khayanat of even one camel! Otherwise, he will be summoned on the day of Qiyamat riding the same camel and bleating like a camel.
“Beware! One should not commit khayanat of even one horse! Otherwise he will be summoned on the day of Qiyamat riding the same horse and neighing like a horse.
He would be call me for help, ‘O Muhammad! O Muhammad!’ I will tell him that I had already warned. Now I have no responsibility concerning you against Allah.”
(Al Kafi)
Allama Majlisi has recorded a tradition from the Holy Prophet (s.a.w.s):
“You must return even a needle and thread. For khayanat will cause untold degradation and exposure of defects on the day of Qiyamat.”
A man came to the Holy Prophet (s.a.w.s) with a needle that he had taken without permission. He said, “I had taken this needle to sew a pack saddle for my camel.”
The Holy Prophet (s.a.w.s) told him,
“If this needle belongs to me I have forgiven you. However, if it belongs to the other Muslims you must pay for it so that it could be included in the public treasury for equal distribution.”
“I was not aware that it was such a serious matter,” the Arab remarked, “If it is so, I will not keep the needle with me.” He handed over the needle to the Holy Prophet (s.a.w.s) and went away.
The guilty shall be recognised by their marks
According to Allama Majlisi, on the day of Qiyamat the sinner shall carry the pilfered property on his shoulders. Every type of sinner would have such distinguishing marks. Everyone will know what sin the sinner had committed. One who commits a greater sin and dies without repenting for it, the Almighty Allah will deal with him with justice on the day of Qiyamat. So much so that a mark of sin that he committed most shall be attached. For example, the drunkard would be holding a wine bottle, the terrible stench of it will cause discomfort to the people. Similarly, the musician would have the instrument stuck to his hands. The gamblers would be having the instrument of gambling with him. The same thing is alluded to in the verse:
“The guilty shall be recognised by their marks.”
(Surah Rahman 55:41)
The Holy Prophet (s.a.w.s) and his trustworthiness
One day a poor man came to the Holy Prophet (s.a.w.s) and told him of his poverty. The Prophet (s.a.) said,
“Sit down! Allah is most Powerful.”
Another beggar came and the Holy Prophet (s.a.w.s) told him to sit down too. Then a third destitute arrived and the Prophet (s.a.w.s) told him to sit down in the same way. After some time a person came and presented four saa (approximately 12 kilos) of wheat as Zakat to the Holy Prophet (s.a.w.s). The Holy Prophet (s.a.w.s.) distributed one saa (3kilos) of wheat to each of the poor men. One saa of it remained. After the Maghrib and Isha prayers the Holy Prophet (s.a.w.s.) announced that a saa of wheat is remaining with him. Any needy person can come and collect it from him; but no one came forward. The Holy Prophet (s.a.w.s.) was compelled to take this trust home. Ayesha says that, that night the Holy Prophet (s.a.w.s.) was very restless. When she inquired the reason of his restlessness he replied,
“I am fearful of the consequences in case I die today and this trust not delivered to a deserving person.”
It is also mentioned that when the Holy Prophet (s.a.w.s) was on his deathbed, he had some amount of six or seven dinars for the poor and the needy. He sent for the money and after counting it said,
“It is possible that Muhammad (s.a.w.s) may reach the presence of his Lord while these are dinars are still in his custody!”
Then he (s.a.w.s) summoned Amirul Momineen Hazrat Ali (a.s.), and gave him the dinars for the poor and the destitutes and then said,
“Now I can rest in peace.”
(Naaseeekhut Tawarihk Vol.3, Pg544)
Secrets are also trusts
Sometimes a person is told a secret and restrained from divulging it to others. This secret is also a kind of trust. It may also be that one learns of a secret regarding another person and feels sure that that person would not prefer it to be made known to others. This secret is a trust according to Shariat. To divulge a secret that one has seen or heard is Khayanat. The following saying of Ali (a.s.) is present inGhurarul Hikam:
“To divulge a secret that you are supposed to guard is Khayanat and betrayal.”
It is absolutely haraam to betray a secret when it becomes a trust, whether of a friend or an enemy, of a righteous person or an evil one.
Private discussion is also a trust
It is mentioned by the Holy Prophet (s.a.w.s):
“People who sit together must be careful of safe-guarding the trust. It is not permitted for a believer to expose a secret of his believing brother.”
(Behaarul Anwaar Vol.16)
Abu Zar has related from the Holy Prophet (s.a.w.s) that he said:
“O Abu Zar, one who sits in company must be cautious of safeguarding trust. For if you expose a secret of your believing brother, you would have committed Khayanat. So, keep away from such things.”
(Wasaelush Shia)
Whatever is discussed in a meeting is also a trust with the participants. Anything that is to be kept confidential must not be divulged. It is recorded in the traditions:
“One who sits in company must be careful of maintaining the trust but it is not haraam to expose the secret of three kinds of meetings: One, where an unlawful murder is planned; two, where fornication is planned; three, where it is planned to loot someone’s property. The facts of such meetings could be presented in the court for proving someone’s right. In some cases it assumes such importance that it becomes necessary to expose a secret.”
(Behaarul Anwaar)
In Surah Tahrim the Almighty Allah flays some of the Prophet’s wives (Ayesha and Hafasa) for betraying a secret of the Holy Prophet (s.a.w.s). Allah has advised them to repent.
“If you both turn to Allah, then indeed your hearts are already inclined (to this);”
(Surah Tahrim 66:4)
The same chapter also mentions the wives of Hazrat Lut (a.s.) and Hazrat Nuh (a.s.) in the following words:
“Allah sets forth an example to those who disbelieve the wife of Nuh and the wife of Lut; they were both under two of Our righteous servants, but they acted treacherously towards them so they availed them naught against Allah, and it was said: Enter both the Fire with those who enter.”
Divulging secrets is khayanat
Abdullah Ibne Sinan says that he inquired from Imam Ja’far as-Sadiq (a.s.), “Is it haraam for a believer to expose some things of another believer that deserve to be kept secret?”
“Yes,”
the Imam (a.s.) replied.
The narrator further asked, “Do you mean by this the ‘private parts’?”
Imam (a.s.) explained,
“It is not what you think, (Though it is also haraam to view the ‘private parts), what I meant were the confidential matters.”
(Al Kafi)
Imam (a.s.) has also said:
“One who washes a dead body of a believer and observes caution with regard to the trust is absolved of all his sins.”
Someone asked, “How can one maintain secrecy with regard to the washing of a believer’s corpse?”
The Imam (a.s.) answered,
“He must not tell anyone of the deformities that he might see in the dead body.”
(Amaali)
From the foregone discussion we surmise that exposing a secret amounts to committing Khayanat. Whether the concerned person himself takes you in confidence or you come to know of the secrets by yourself. Under all circumstances a secret is a trust, and it is haraam to betray it. If the one with whom the secret is concerned does not wish that his secret should be divulged, then it is haraam and a kind of Khayanat to expose it. Such types of trusts that involve secrets have various grades and are of different types. Certain types of Khayanat are termed as tale telling and others are called backbiting. Each of these shall be elaborated ahead.
Informing disbelievers about the military secrets of the Muslims
Khayanat with Allah, the Holy Prophet (s.a.w.s) and all the Muslims is of various grades. One type of Khayanat is when a person commits Khayanat to his own self. All these different grades of Khayanat come together when a person reveals the military secrets of Muslims to the disbelieving opponents.
If a Muslim acts as an informer for the disbelievers he has committed Khayanat not only with Allah and the Holy Prophet (s.a.w.s) but also towards his own self. He becomes the cause of strengthening the enemy and of the Muslim’s defeat. It could be this type of Khayanat that is alluded too in the following ayat:
“O you who believe! Be not unfaithful to Allah and the Apostle, nor be unfaithful to your trusts while you know.”
(Surah Anfal 8:27)
In the Shaane Nuzool (circumstances of revelation) of this verse Jabir Ibne Abdullah Ansari says that, “One day Jibraeel (a.s.) informed the Holy Prophet (s.a.w.s) of the fact that Abu Sufyan is camping at a particular place with an army of polytheists. The Prophet (s.a.) must be prepared to fight with him. He must also keep it a secret so that they would be taken by surprise. However, one of the hypocrites wrote to Abu Sufyan and informed him of the Muslim’s plan. The explanation of the above verse mentions the Khayanat of Abu Lababa and his subsequent repenting.
Divine mercy upon those who maintain trusts
Maintaining secrecy is however, a formidable task. Those who possess a sense of honour perform this job successfully and they unflinchingly maintain secrets. Keeping secrets invite Divine blessings. Very few actions are so much deserving of such high rewards. The person is protected from fear on the day of Qiyamat. On the day when all the people will be gathered for accounting the trustworthy people shall be placed at the safest and the best place under the shade of Divine mercy.
Imam Musa al-Kazim (a.s.) says,
“Three types of people will be under the shade of Divine mercy when there will be no other shade:
One, the person who arranges the marriage of his believing brother. Two, the person who procures a servant for his believing brother. Three, the person who has maintained a secret of his believing brother.”
Restrain from divulging your own secrets
According to the traditions we must not inform anyone of our own secrets. Even if those people are our closest relatives or friends. It is possible that their friendship may not last forever. They might become our enemies in the future. It is very rare for an enemy not to expose the secrets of his opponents.
Imam Ja’far as-Sadiq (a.s.) has advised one of his followers:
“Do not tell your secrets even to your friend. But only tell him those things that will not cause any harm even if your enemy comes to know of it. Because even a friend could become your enemy one day.”
(Behaarul Anwaar)
A reliable and pious person has related that when he intended to divorce his wife, he was asked of the defect that existed in her; that had made him take such a decision. He replied, “An intelligent person never exposes his wife and never reveals her secrets.”
Subsequently the divorce was completed and even the Iddah came to an end. Again some people asked him, “Now she is no more your wife. What was the actual defect in her, that you had to divorce?” He said, “I am not concerned with the other women.” It means is that it is the right of a wife upon her husband that he maintains her secrets even after separation and divorce.
Revealing a secret is a kind of Khayanat and every type of people consider it to be evil. It is mentioned in the book“Uqudul Farid”
that even a filthy man like Ziyad (May Allah’s curse be upon him) had criticised Umar ibne Saad (May Allah’s curse be upon him too) for revealing the last wishes and the secret of Hazrat Muslim ibne Aqeel. Ibne Ziyad (l.a.) had written to Umar ibne Saad. “O Umar ibne Saad! Because you yourself have revealed the secret of Husain’s coming towards Kufa, you would have to go and fight against him.”
The bookNafsul Mahmoom
and other books of Islamic history contain the following incident:
When Ibne Ziyad had Muslim Ibne Aqeel arrested, Muslim asked, “Would you murder me?”
“Yes,” replied Ibne Ziyad.
“Give me some time so that I can express my last wishes to a relative of mine.”
The accursed Ibne Ziyad permitted him to do so. Muslim searched among the people present in the court and saw Umar Ibne Saad. He told Umar Ibne Saad, “O Umar! We are related to each other. I wish something from you. It is obligatory for you to fulfill it and it is a secret that I cannot reveal to everyone.”
Umar Ibne Saad tried to shirk the responsibility but Ibne Ziyad told him, “Do not try to avoid this. Listen to what your cousin wishes.” So Umar Ibne Saad and Muslim Ibne Aqeel went into a corner.
Muslim said, “There is debt upon my neck. When I had reached Kufa, I had borrowed seven hundred Dirhams. Please sell my armour and repay the loan. When I am killed take my last remains from Ibne Ziyad and perform a proper funeral and bury me. You must also send someone to Imam Husain (a.s.) so that he can stop him from coming to Kufa. I had myself invited him towards Kufa and written that the people of Kufa are on his side. So he must have started his journey towards Kufa. Inform him of my arrest and execution so that he may turn back.”
Umar Ibne Saad immediately told Ibne Ziyad all the three things (the debt of Muslim, the burying of his corpse and the warning for Imam Husain (a.s.). Ibne Ziyad (l.a) said to Muslim Ibne Aqeel, “A trustworthy person can never betray you but the thing is that you have considered a betrayer to be your confidant.”
An exemplary confidant
It is appropriate to mention an exemplary trustworthiness at this point. When Hazrat Imam Husain (a.s.) reached a spot called, ‘Haajiz’ he wrote a letter to Muslim Ibne Aqeel and the Shias of Kufa. He wrote:
“From Husain Ibne Ali (a.s.) to his Muslim and momin brothers. Peace be upon you all. Praise be to Allah besides Him there is no deity. I have received Muslim’s letter. He has informed me of the glad news that you all are united to support me and prepared to fight for my right. I pray to Allah for your favourable consequences. May He reward you for this stand of yours. I have left Mecca on Tuesday the eighth of Zilhajj and started moving towards you. When my messenger reaches you, you must become serious and concerned in your mission. I shall come to you within a few days, InshaAllah. Peace be upon you and the Divine Mercy.”
Imam Husain (a.s.) gave this letter to Qays Ibne Musher Saidawi who set out immediately and soon reached the outskirts of Kufa. An officer of Ibne Ziyad, by the name of Haseen Ibne Tamim tried to arrest him there. He at once tore up the letter of Imam Husain (a.s.). He was then taken to Ibne Ziyad. When Ibne Ziyad told him to surrender the letter he said, “I have torn it into pieces.”
“Why?” asked Ibne Ziyad.
“So that you may not come to know what was written in it.”
“To whom was it addressed?”
“To some people I am not familiar with.”
Ibne Ziyad ordered, “If you do not reveal the name, you shall have to mount the pulpit and invoke curse upon the liars.” (Ibne Ziyad was actually referring to Imam Husain (a.s.).
Qays Ibne Musher went to the pulpit and announced, “O people! Husain Ibne Ali is the best creature of Allah, and the son of Fatemah (s.a.) the daughter of the Holy Prophet (s.a.w.s). I am his messenger. I have left him at place called ‘Haajiz. I have come to you so that you may respond to his call and support him wholeheartedly.”
Then Qays invoked curse upon Ibne Ziyad and his father. He then showered praises upon Amirul Momineen Hazrat Ali (a.s.).
Ibne Ziyad ordered that Qays be taken to the wall of the palace and then thrown down. When Qays was thrown from such a height, his bones shattered but he
was alive when Abdul Malik Ibne Amir beheaded him.
When Imam Husain (a.s.) learnt of Qays’s murder, his eyes were filled with tears. He recited the following ayat of the Quran:
“Of the believers are men who are true to the covenant which they made with Allah: so of them is he who accomplished his vow, and of them is he who yet waits, and they have not changed in the least.”
(Surah Ahzaab 33:23)
An interesting incident of trustworthiness is also recorded in the book,Riayzul Hikayaat:
A man was having one thousand Tumans in a bag. He was going to the public bath, early in the morning. On the way he met a friend. He was also heading towards the public bath. When they came to a junction this person separated without informing his companion. Perchance a robber was pursuing them with the intention of stealing the moneybag. When this man reached the bath the robber followed suit. The man deposited the moneybag with the bath keeper and went inside to take a bath. The bath-keeper himself thought of taking a bath. He thought that the robber who had followed the man was the latter’s friend. So he handed him the money bag and said,
“Keep this in your custody till I return after taking a bath.”
The thief remained sitting till the bath-keeper returned. Then he gave back the moneybag to him. When the bath-keeper learnt hat he was not a friend of the first person he asked, “Then who are you?”
He replied, “I am a thief.”
“Then why did you not steal the money bag?”
The thief answered, “I may be thief, but betraying trust is against manliness. While safeguarding this trust I have also remained aloof from robbery.”
The owner of the moneybag was impressed by this magnanimity and he opened the bag and gave some money to the robber as a reward.
However, stealing is also haraam and it shall be discussed in the forthcoming chapter. The object may be expensive or it may be worthless, but stealing it is absolutely haraam.
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Author: Ayatullah Sayyid Abdul Husayn Dastghaib Shirazi
