The Role of the Ahl al-Bayt in Building the Virtuous Community Volume 5

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The Role of the Ahl al-Bayt in Building the Virtuous Community Author:
Translator: Badr Shahin
Publisher: ABWA Publishing and Printing Center
Category: Various Books

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The Role of the Ahl al-Bayt in Building the Virtuous Community

The Role of the Ahl al-Bayt in Building the Virtuous Community Volume 5

Author:
Publisher: ABWA Publishing and Printing Center
English

Chapter 3: Economic Activity

1. Encouraging Economic Activity

2. General Trend of Economic Activity

3. Direction of Economic Activity

Preamble

The general economic activity of the virtuous community, as well as its financial capacity and public income, is looked upon as one of the most important issues on which the fiscal power of the virtuous community - plus its capability of movement and protection against dangers and perils and steadfastness against difficulties and pressures - depends. Without taking this issue into consideration, no community can attain perfection or survive the vicissitudes of time.

We have previously referred to the fact that Islam has paid much attention to the economic aspect. For instance, the great financial potential of Lady Khadijah al-Kubra (‘a) played an extremely vital role in helping Muslims withstand ordeals and resist the financial siege which was imposed upon them at the beginning of the promulgation of Islam.

Encouraging Economic Activity

While establishing the economic aspect, the Ahl al-Bayt (‘a) instituted a general principle for their followers, educated them about it and implanted it in their social culture. This general principle was the principle of work and exertion of all possible efforts to earn a livelihood. The Ahl al-Bayt (‘a) disallowed reliance on others to meet one’s financial needs, considering work to this end to be among the obligatory sacred deeds that draw one nearer to Almighty Allah.

In an authentic tradition, Shaykh al-Kulayni reported ‘Umar ibn Yazid to have said to Imam al-Sadiq (‘a), “A man decides to stay at home and he offers prayers, fasts and performs devotional acts, believing that his sustenance will inevitably find its way to him. What is your opinion about such an act?”

The Imam (‘a) commented:

هَذَا أَحَدُ الثَّلاَثَةِ الَّذِينَ لاَ يُسْتَجَابُ لَهُمْ

This man is among one of the three categories of people whose prayers are never responded to.1

According to another authentic tradition that is reported from ‘Umar ibn Yazid, Imam al-Sadiq (‘a) said:

أَرَأَيْتَ لَوْ أَنَّ رَجُلاً دَخَلَ بَيْتَهُ وَأَغْلَقَ بَابَهُ، أَكَانَ يَسْقُطُ عَلَيْهِ شَيْءٌ مِنَ السَّمَاءِ؟

If a man were to enter his house and lock its door, would anything fall on him from the heavens?2

Ayyub, the brother of Adim ibn Bayya’ al-Harawi, is reported to have said that he and some others were sitting in the presence of Imam al-Sadiq (‘a) when al-’Ala' ibn Kamil came and sat in front of the Imam (‘a) and asked, “Pray to Almighty Allah to provide me with easy sustenance.”

The Imam (‘a) answered:

لاَ أَدْعُو لَكَ! أُطْلُبْ كَمَا أَمَرَكَ اللهُ عَزَّ وَجَلَّ

No, I will not. You must seek sustenance as Almighty Allah has ordered you to do.3

This struggle to seek sustenance has been elevated to such a degree that it has attained the rank of jihad or even higher.

In an authentic tradition, al-Halabi has reported Imam al-Sadiq (‘a) as saying:

الْكَادُّ عَلَى عِيَالِهِ كَالْمُجَاهِدِ فِي سَبِيلِ اللهِ

He who works to provide his dependents with sustenance is like a mujahid who fights for the sake of Almighty Allah.4

According to another authentic tradition, Zakariyya ibn Adam has reported Imam al-Ridha (‘a) as saying:

الَّذِي يَطْلُبُ مِنْ فَضْلِ اللهِ، عَزَّ وَجَلَّ، مَا يَكُفُّ بِهِ عِيَالَهُ أَعْظَمُ أَجْراً مِنَ الْمُجَاهِدِ فِي سَبِيلِ اللهِ، عَزَّ وَجَلَّ

He who seeks the grace of Almighty Allah to provide enough sustenance for his dependents will have a greater reward than fighting for the sake of Almighty Allah.5

Muhammad ibn Marwan has reported Imam al-Sadiq (‘a) as saying:

إِنَّ فِي حِكْمَةِ آلِ دَاوُودَ: يَنْبَغِي لِلْمُسْلِمِ الْعَاقِلِ أَنْ لاَ يُرَى ظَاعِناً إِلاَّ فِي ثَلاَثٍ: مَرَمَّةٍ لِمَعَاشٍ، أَوْ تَزَوُّدٍ لِمَعَادٍ، أَوْ لَذَّةٍ فِي غَيْرِ ذَاتِ مُحَرَّمٍ. وَيَنْبَغِي لِلْمُسْلِمِ الْعَاقِلِ أَنْ يَكُونَ لَهُ سَاعَةٌ يُفْضِي بِهَا إِلَى عَمَلِهِ فِيمَا بَيْنَهُ وَبَيْنَ اللهِ عَزَّ وَجَلَّ، وَسَاعَةٌ يُلاَقِي إِخْوَانَهُ الَّذِينَ يُفَاوِضُهُمْ وَيُفَاوِضُونَهُ فِي أَمْرِ آخِرَتِهِ، وَسَاعَةٌ يُخْلِي بَيْنَ نَفْسِهِ وَلَذَّاتِهَا فِي غَيْرِ مُحَرَّمٍ، فَإِنَّهَا عَوْنٌ عَلَى تِلْكَ السَّاعَتَيْنِ

The following statement is written in the book of wisdom of (Prophet) David’s household: A Muslim of sane mind must not be seen busy except in three pursuits: improving his livelihood, supplying himself with provisions for the life to come, and seeking lawful pleasures. A rational Muslim is also required to dedicate an hour to acts directed to Almighty Allah, another hour to meeting his brethren-in-faith to discuss the affairs of the Hereafter, and a third hour to gain lawful pleasures. The third hour helps him do the work of the first two hours properly.6

The Ahl al-Bayt (‘a) provided excellent practical examples in order to emphasize the importance of work and clarified this principle empirically so that their followers would follow their examples.

According to an authentic tradition, ‘Abd al-Rahman ibn al-Hajjaj has reported Imam al-Sadiq (‘a) as recounting the following:

Muhammad ibn al-Munkadir used to say: I never thought that ‘Ali ibn al-Husayn (‘a) would leave a successor as excellent as himself until I saw his son, Muhammad (‘a). I wanted to give him a lesson, but he gave me one. On a hot day, I went to al-Madinah where I saw Imam al-Baqir (‘a). I said to myself, “A great man of Quraysh working at this hour of day in search of the material world! I will certainly give him some advice.” I approached and gave a salutation. Still catching his breath, he returned my greeting. Sweat was pouring from his head and face because of the heat. I said, “May Allah help you! A great man of Quraysh is seeking worldly provisions at this time of the day! What will happen if death overtakes you in this situation?” He said, “If death overtakes me in this situation, I will be in a state of obedience to Almighty Allah. I am afraid of death only when I am committing a sin!” I said, “May Allah bless you! You are thoroughly right. I intended to give you advice but you gave it to me!”7

Muhammad ibn ‘Adhafir has reported his father as saying:

Imam al-Sadiq (‘a) gave my father one thousand and seven hundred dinars asking him to use it in business. The Imam (‘a) then said:

أَمَا إِنَّهُ لَيْسَ لِي رَغْبَةٌ فِي رِبْحِهَا، وَإِنْ كَانَ الرِّبْحُ مَرْغُوباً فِيهِ، وَلَكِنِّي أَحْبَبْتُ أَنْ يَرَانِيَ اللهُ، جَلَّ وَعَزَّ، مُتَعَرِّضاً لِفَوَائِدِهِ

Verily, I do not have the desire to gain profits from this business even though profit is something desired; rather, I just want Almighty Allah to see me seeking His interests.

My father made a one hundred dinar profit from the business he undertook. The Imam (‘a), having been informed of this, rejoiced and had my father add the profit to the capital. When my father died and the investment was still with him, Imam al-Sadiq (‘a) summoned me and wrote down, “May Allah grant wellbeing to you and us! I have given Abu-Muhammad one thousand seven hundred dinars to use them in business. So, please hand this amount over to ‘Umar ibn Yazid.”

When I searched in my father’s register, I found the following written therein: “Abu-Musa has one thousand and seven hundred dinars invested with me, and I made a profit of one hundred dinars for him. ‘Abdullah ibn Sinan and ‘Umar ibn Yazid have full acquaintance with the matter.”8

General Trend of Economic Activity

The Holy Imams of the Ahl al-Bayt (‘a) founded a set of principles to be the general trend in the economic activities of their followers. The first principle was to seek sustenance without indolence by exerting all possible effort to provide for oneself through work.

Shaykh al-Kulayni has reported, through a valid chain of authority, that Sadir asked Imam al-Sadiq (‘a), “What is a man required to do to seek sustenance?”

The Imam (‘a) answered:

إِذَا فَتَحْتَ بَابَكَ وَبَسَطْتَ بِسَاطَكَ فَقَدْ قَضَيْتَ مَا عَلَيْكَ

If you open the door [of your store] and stretch your rug [on which you exhibit your goods], you will have done perfectly what you are required to do.9

Al-Tayyar is reported to have said that Imam al-Baqir (‘a) asked him, “What is your current profession or what kind of job are you currently doing?”

He answered, “I have no job.”

The Imam (‘a) instructed:

فَخُذْ بَيْتاً وَاكْنُسْ فَنَاءَهُ وَرُشَّهُ وَابْسُطْ فِيهِ بِسَاطاً، فَإِذَا فَعَلْتَ ذَلِكَ فَقَدْ قَضَيْتَ مَا وَجَبَ عَلَيْكَ

“Betake yourself a store, sweep the confines, and stretch a rug therein. If you do so, you will have done perfectly what you are obligated to do.”

The reporter said, “When I carried out the Imam’s instruction, I was given ample sustenance.”10

Ibn al-Qaddah has reported Imam al-Sadiq (‘a) as saying:

عَدُوُّ الْعَمَلِ الْكَسَلُ

Laziness is the enemy of work.11

Imam Musa al-Kazim (‘a) is reported to have said:

قَالَ أَبِي، عَلَيْهِ السَّلاَمُ، لِبَعْضِ وِلْدِهِ: إِيَّاكَ وَالْكَسَلَ وَالضَّجَرَ، فَإِنَّهُمَا يَمْنَعَانِكَ مِنْ حَظِّكَ مِنَ الدُّنْيَا وَالآخِرَةِ

My father said to one of his sons, “Beware of laziness and tedium, for they deprive you of your share of this world and the Hereafter.”12

The second principle was commitment to seeking only legal sustenance. Almighty Allah, ordered man to seek of His sustenance and guaranteed it to him - provided it was sought through lawful means.

He, the Almighty, has thus said:

وَفِي السَّمَاءِ رِزْقُكُمْ وَمَا تُوعَدُونَ

In heaven is your sustenance, and (also) that which you are promised. (51:22)

Complying with this divine instruction, the Holy Imams of the Ahl al-Bayt (‘a) asserted that, while seeking sustenance, it is necessary to maintain balance between obligation and what Almighty Allah has determined for each individual. As a result, man is required to seek sustenance and, at the same time, be committed to the regulations and general rules determined by Islam, avoiding squandering or violations of these regulations.

Abu-Hamzah al-Thumali has reported on the authority of Imam al-Baqir (‘a) that the Holy Prophet (S) said in his famous sermon at the Farewell Pilgrimage:

أَلاَ إِنَّ الرُّوحَ الأَمِينَ نَفَثَ فِي رَوْعِي أَنَّهُ لاَ تَمُوتُ نَفْسٌ حَتَّى تَسْتَكْمِلَ رِزْقَهَا، فَاتَّقُوا اللهَ عَزَّ وَجَلَّ وَأَجْمِلُوا فِي الطَّلَبِ وَلاَ يَحْمِلَنَّكُمُ إسْتِبْطَاءُ شَيْءٍ مِنَ الرِّزْقِ أَنْ تَطْلِبُوهُ بِشَيْءٍ مِنْ مَعْصِيَةِ اللهِ، فَإِنَّ اللهَ تَبَارَكَ وَتَعَالَى قَسَّمَ الأَرْزَاقَ بَيْنَ خَلْقِهِ حَلاَلاً وَلَمْ يُقَسِّمْهَا حَرَاماً. فَمَنِ إتَّقَى اللهَ عَزَّ وَجَلَّ وَصَبَرَ أَتَاهُ اللهُ بِرِزْقِهِ مِنْ حِلِّهِ، وَمَنْ هَتَكَ حِجَابَ السِّتْرِ وَعَجَّلَ فَأَخَذَهُ مِنْ غَيْرِ حِلِّهِ قُصَّ بِهِ مِنْ رِزْقِهِ الْحَلاَلِ وَحُوسِبَ عَلَيْهِ يَوْمَ الْقِيَامَةِ

Verily, the Trustworthy Spirit (the Angel Gabriel) inspired in me that no single soul will die before fully receiving its sustenance. So, (you must) fear Almighty Allah and seek sustenance. Do not make the delay in an amount of your sustenance incite you to seek it through an act of disobedience to Almighty Allah, for He, the Blessed and Exalted, has divided lawful sustenance, never unlawful sustenance, among His creatures. Therefore, whoever fears Almighty Allah and waits patiently, Almighty Allah will give him his lawful sustenance, but whoever ravages the curtain of protection and rushes to take his sustenance unlawfully, Almighty Allah will reduce it from his lawful sustenance and leave him to compensate for it on the Day of Resurrection.13

Ibrahim ibn Abi’l-Ballad has reported on the authority of his father that Imam al-Baqir (‘a) said:

لَيْسَ مِنْ نَفْسٍ إِلاَّ وَقَدْ فَرَضَ اللهُ، عَزَّ وَجَلَّ، لَهَا رِزْقَهَا حَلاَلاً يَأْتِيهَا فِي عَافِيَةٍ، وَعَرَضَ لَهَا بِالْحَرَامِ مِنْ وَجْهٍ آخَرَ. فَإِنْ هِيَ تَنَاوَلَتْ شَيْئاً مِنَ الْحَرَامِ قَاصَّهَا بِهِ مِنَ الْحَلاَلِ الَّذِي فُرِضَ لَهَا، وَعِنْدَ اللهِ سِوَاهُمَا فَضْلٌ كَثِيرٌ، وَهُوَ قَوْلُ اللهِ عَزَّ وَجَلَّ :

وَاسْأَلُوا اللَّهَ مِن فَضْلِهِ

There is no single soul but that Almighty Allah has decided for it its sustenance to be gained in a lawful and wholesome way, but He has also determined the same sustenance if gained unlawfully; therefore, if a soul takes any of its sustenance in an unlawful manner, Almighty Allah will reduce it from its lawfully-earned sustenance, which He has determined. With Almighty Allah, however, there is much more grace than sustenance that is gained either lawfully or unlawfully, to which He has referred, saying,“Ask Allah of His grace.(4:32)” 14

The third principle was to take considerable interest in preserving one’s funds and maintaining equilibrium in spending in order to avoid both squandering and parsimoniousness.

Almighty Allah has said in the Holy Qur'an:

وَالَّذِينَ إِذَا أَنفَقُوا لَمْ يُسْرِفُوا وَلَمْ يَقْتُرُوا وَكَانَ بَيْنَ ذَٰلِكَ قَوَامًا

Those who, when they spend, are not extravagant and not niggardly, but hold a just balance between those extremes. (25:67)

The Ahl al-Bayt (‘a) also instructed that one’s funds must be cared for and managed personally, especially when such funds are considerable.

Tha‘labah and other narrators have reported that Imam al-Sadiq (‘a) said:

إِصْلاَحُ الْمَالِ مِنَ الإِيـمَانِ

Proper management of funds is part of faith.15

Dawud ibn Sarhan has reported that he once saw Imam al-Sadiq (‘a) weighing dates with his own hands. He thus said to him, “May Allah accept me as ransom for you! You could have ordered one of your sons or servants to save you from this deed.”

The Imam (‘a) answered:

يَا دَاوُودُ، إِنَّهُ لاَ يُصْلِحُ الْمَرْءَ الْمُسْلِمَ إِلاَّ ثَلاَثَةٌ: التَّفَقُّهُ فِي الدِّينِ، وَالصَّبْرُ عَلَى النَّائِبَةِ، وَحُسْنُ التَّقْدِيرِ فِي الْمَعِيشَةِ

O Dawud, three matters can lead a Muslim to uprightness: (1) mastery in religious knowledge, (2) steadfastness against misfortune, and (3) good management of livelihood.16

Yunus has reported that Imam al-Sadiq (‘a) instructed him saying:

بَاشِرْ كِبَارَ أُمُورِكَ بِنَفْسِكَ، وَكِلْ مَا شَفَّ إِلَى غَيْرِكَ... ضَرْبَ أَشْرِيَةِ الْعَقَارِ وَمَا أَشْبَهَهَا

Manage your major affairs in person, and employ others to manage minor dealings…major affairs include purchasing real estate and matters of a similar nature.17

The fourth principle is commitment to a policy of economization, which includes saving one’s annual provisions, according to the religious law of Islam, so as to eliminate neediness and avoid requiring aid from others.

Al-Hasan ibn al-Jahm has reported that he heard Imam al-Ridha (‘a) saying:

إِنَّ الإِنْسَانَ إِذَا أَدْخَلَ طَعَامَ سَنَتِهِ خَفَّ ظَهْرُهُ وَاسْتَرَاحَ. وَكَانَ أَبُو جَعْفَرٍ وَأَبُو عَبْدِاللهِ، عَلَيْهِمَا السَّلاَمُ، لاَ يَشْتَرِيَانِ عُقْدَةً حَتَّى يُحْرِزَا طَعَامَ سَنَتِهِمَا

If one saves the provisions of a year, one’s burdens will be light and one will rest. Abu-Ja’far (al-Baqir) (‘a) and Abu-’Abdullah (al-Sadiq) (‘a) did not purchase even a knot before they would have already saved provisions for that whole year.18

Ibn Bukayr has reported on the authority of Imam al-Ridha (‘a) that the Holy Prophet (S) said:

إِنَّ النَّفْسَ إِذَا أَحْرَزَتْ قُوتَهَا إسْتَقَرَّتْ

Verily, after a person saves his (annual) provisions, he will certainly be stable.19

The fifth principle was autonomy in business such that the investments and profit of one’s business would be one’s own concern rather than dealing with partners.

Al-Mufadhdhal ibn ‘Umar has reported that he heard Imam al-Sadiq (‘a) saying:

مَنْ آجَرَ نَفْسَهُ فَقَدْ حَظَرَ عَلَى نَفْسِهِ الرِّزْقَ. وَكَيْفَ لاَ يَحْظُرُهُ وَمَا أَصَابَ فِيهِ فَهُوَ لِرَبِّهِ الَّذِي آجَرَهُ؟

Whoever becomes an employee of another has in fact banned sustenance on himself.20 This is because whatever he gains goes to his employer.21

‘Ammar al-Sabati has reported that he once said to Imam al-Sadiq (‘a), “Men who are employed in business give whatever they earn to their employers.”

The Imam (‘a) commented:

لاَ يُؤَاجِرُ نَفْسَهُ، وَلَكِنْ يَسْتَرْزِقُ اللهَ عَزَّ وَجَلَّ وَيَتَّجِرُ، فَإِنْ آجَرَ نَفْسَهُ حَظَرَ عَلَى نَفْسِهِ الرِّزْقَ

They must not accept to be used as employees; rather, they should seek Almighty Allah’s sustenance and work in business for themselves. If they accept to be used as employees, then they will have banned sustenance on themselves.22

The sixth principle was to distribute funds in a number of economic occupations and not invest everything in one area.

According to a valid tradition, Mu’ammar ibn Khallad has reported that he heard Imam al-Ridha (‘a) recounting the following:

A man came to Ja’far al-Sadiq (‘a) to try to give him advice. “O Abu-’Abdullah,” said the man, “Why have you separated the funds in scattered sectors. If they were all put in one occupation, it would be easier to supervise and provide greater benefit.”

The Imam (‘a) answered:

إِتَّخَذْتُهَا مُتَفَرِّقَةً، فَإِنْ أَصَابَ هَذَا الْمَالَ شَيْءٌ سَلِمَ هَذَا الْمَالُ، وَالصُّرَّةُ تَجْمَعُ بِهَذَا كُلِّهِ

I have distributed them among various sectors so that if one sector loses, the other funds will be saved. At any rate, the total is the composite of all these funds.23

The seventh principle was avoidance of saving, storing, or transferring all of one’s funds into currency, gold, or silver. One should conduct business with one’s funds or transfer them into real estate, farms, or commercial enterprises.

Zurarah has reported that he heard Imam al-Sadiq (‘a) say:

مَا يُخَلِّفُ الرَّجُلُ شَيْئاً أَشَدَّ عَلَيْهِِ مِنَ الْمَالِ الصَّامِتِ... يَجْعَلُهُ فِي الْحَائِطِ، يَعْنِي فِي الْبُسْتَانِ أَوِ الدَّارِ

No legacy is worse than money that lays stagnant…money must be transferred into estates; i.e. farms or houses.24

Through these principles, we get an idea about the general economic activities that the Ahl al-Bayt (‘a) determined for their followers.

Directing Economic Activity

The Ahl al-Bayt (‘a) did not stop at principles; rather, they directed the economic activities of the virtuous community after examining the social, political and economic circumstances under which the Muslim community in general and the virtuous community in particular lived.

Common Activities

A general view of professions that produced greater benefit pointed out the following fields of economic activity:

(1) Agriculture: cultivating lands of the ruling regime (i.e. annexed lands), cultivating derelict lands, entering into a farm-sharing contract (muzara’ah), or irrigating lands by digging wells and canals.

(2) Animal Husbandry: shepherding, providing fodder and in-house breeding.

(3) Trade: facilitating processes of exchanging money for goods, distribution of goods internally and externally through transport of goods to various regions and countries (i.e. import and export).

(4) Manual labor: weaving, saddle making, blacksmithing, construction, etc.

(5) Extracting natural resources: mining, diving, hunting and fishing.

(6) Professions and crafts: tailoring, goldsmithery, tanning, preparation of medications, and similar professions and services.

(7) Clerical jobs: clerks, constabulary, jobs in the military forces, tax collection, employment, governorship and the like.

(8) Cultural, educational, and the arts: teaching, writing, oration, poetry, novel writing, drawing, sculpture, ornamentation, calligraphy, etc.

(9) Complete avoidance of religiously forbidden professions: sorcery, witchcraft, black arts, sale of wine and intoxicants, managing brothels and so on.

Of course, economic activities vary with regard to the social conditions and circumstances. However, except for forbidden earnings, these activities are necessary for human societies because they help in their perfection and, sometimes, some of these activities are even obligatory according to the religious code of Islamic law; that is, they are obligatory collectively upon the society and when some individuals carry out those activities such that the needs of society are met, the others will be released from responsibility in that regard.

In the past, the followers of the Ahl al-Bayt (‘a) would engage in a large variety of economic activities, other than those that were forbidden - a fact that can be understood from the reports on the religious laws appertaining to such activities. Other reports have also asserted that the followers practiced various activities and would ask the Holy Imams (‘a) about the details of laws pertaining to their jobs.

Forbidden Activities

The Ahl al-Bayt (‘a) prohibited their followers from practicing certain activities, previously mentioned as religiously forbidden professions.

According to an authentic tradition, Abu-Basir has reported that he asked Imam al-Baqir (‘a) about the legality of occupying offices in the ruling regimes of unjust rulers.

The Imam (‘a) answered:

يَا أَبَا مُحَمَّدٍ، لاَ وَلاَ مُدَّةُ قَلَمٍ. إِنَّ أَحَدَهُمْ لاَ يُصِيبُ مِنْ دُنْيَاهُمْ شَيْئاً إِلاَّ أَصَابُوا مِنْ دِينِهِ مِثْلَهُ

O Abu-Muhammad, never help them in any matter even if it be as trivial as handing them over a pen. No one can obtain any worldly benefits from them without losing a part of their faith in the same amount as the benefit.25

According to another authentic tradition, Ibn Abi-Ya’fur has reported the following:

I was once in the presence of Imam al-Sadiq (‘a) when one of our acquaintances (i.e. followers of our faith) visited him and said, “May Allah lead you to more success! One of us who is exposed to penury or indigence might be offered (by the despotic ruling authorities) employment to construct a building, clear waste from a river, or fix a beaver-dam. What is your opinion in this regard?”

The Imam (‘a) said:

مَا أُحِبُّ أَنِّي عَقَدْتُ لَهُمْ عُقْدَةً أَوْ وَكَيْتُ لَهُمْ وِكَاءً وَإِنَّ لِي مَا بَيْنَ لاَبَيَتْهَا، لاَ وَلاَ مُدَّةُ قَلَمٍ. إِنَّ أَعْوَانَ الظَّلَمَةِ يَوْمَ الْقِيَامَةِ فِي سُرَادِقَ مِنْ نَارٍ حَتَّى يَحْكُمَ اللهُ بَيْنَ الْعِبَادِ

I would never desire to do anything for them, even if it be as trivial as untying a knot or sewing a bag, even if they give me whatever lies between its (i.e. al-Madinah) two extremes (i.e. mountains on either side). Definitely not! Even if it be handing over a pen. On the Day of Resurrection, the assistants of the tyrants shall be put under a canopy of fire and kept there until Almighty Allah finishes settling accounts with all His worshippers.26

Likewise, the Ahl al-Bayt (‘a) forbade their followers from practicing other banned activities that were common in that age, such as rearing girls for singing, using them as slaves, or selling them; selling forbidden things like corpses, blood, filthy things, and intoxicants; working for the benefit of the singing profession, sorcery, witchcraft, or black arts; cheating, counterfeiting, or working in prostitution in addition to other banned activities mentioned in the books of practical laws.

They also instructed their followers to avoid certain activities and occupations which were considered by them to be objectionable or requiring precaution. The reason for this was that such occupations required high proficiency in religious law to be practiced properly - either because ordinary people do not pay enough attention to details of religious requirements or because of certain subtle spiritual and moral aspects. Money-changing, goldsmithery, and butchery are examples of these objectionable economic activities.

According to a valid tradition, Ishaq ibn ‘Ammar has reported that he once visited Imam al-Sadiq (‘a) and informed him about the birth of his son, “May Allah accept me as ransom for you!” said Ishaq, “Which craft should I teach him?”

The Imam (‘a) answered:

إِذَا عَدَلْتَهُ عَنْ خَمْسَةِ أَشْيَاءَ فَضَعْهُ حَيْثُ شِئْتَ؛ لاَ تُسَلِّمْهُ صَيْرَفِيّاً فَإِنَّ الصَّيْرَفِيَّ لاَ يَسْلَمُ مِنَ الرِّبَا، وَلاَ تُسَلِّمْهُ بَيَّاعَ الأَكْفَانِ فَإِنَّ صَاحِبَ الأَكْفَانِ يَسُرُّهُ الوّبَاءُ إِذَا كَانَ، وَلاَ تُسَلِّمْهُ بَيَّاعَ الطَّعَامِ فَإِنَّهُ لاَ يَسْلَمُ مِنَ الإحْتِكَارِ، وَلاَ تُسَلِّمْهُ جَزّاراً فِإِنَّ الْجَزَّارَ تُسْلَبُ مِنْهُ الرَّحْمَةُ، وَلاَ تُسَلِّمْهُ نَخَّاساً فَإِنَّ رَسُولَ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، قَالَ: شَرُّ النَّاسِ مَنْ بَاعَ النَّاسَ

If you turn him away from the following five crafts, you may then teach him any craft you like: (1) You must not put him in the craft of money-changing, because a moneychanger cannot avoid usury. (2) You must not involve him in the craft of coffin-selling, because a coffin-seller is pleased when a plague comes upon the people. (3) You must not involve him in food-brokerage, because monopoly rarely leaves a food-broker. (4) You must not teach him to be a butcher, because mercy and sympathy has been divested from butchers’ hearts. (5) You must not put him in the slave-trade, because Allah’s Messenger (S) has said, “The most evil of all people are those who sell people.”27

According to another validly reported tradition, Talhah ibn Zayd reported on the authority of Imam Ja’far al-Sadiq (‘a) that the Holy Prophet (S) said:

إِنِّي أَعْطَيْتُ خَالَتِي غُلاَماً وَنَهَيْتُهَا أَنْ تَجْعَلَهُ قَصَّاباً أَوْ حَجَّاماً أَوْ صَائِغاً

I have given my (maternal) aunt a slave-boy and I warned her against teaching him to be a butcher, a cupper, or a goldsmith.28

Abu-Isma’il al-Razi (i.e. of Ray, currently Tehran), the sword-polisher, has reported that he visited Imam al-Sadiq (‘a) carrying two garments. “Abu-Isma’il,” The Imam (‘a) said, “I have been gifted many garments by you but none of them was as fine as these two.”

Abu-Isma’il said, “May Allah accept me as ransom for you! These were spun by my wife and woven by me.”

The Imam (‘a) asked astonishingly, “Are you a weaver?”

“Yes, I am” Abu-Isma’il answered.

The Imam (‘a) warned, “Do not be a weaver!”

Abu-Isma’il asked, “If I do not, then what should I be?”

The Imam (‘a) instructed, “You may be a sword-polisher!”

Abu-Isma’il commented: I had two dirhams with which I bought swords and antique mirrors. I then went to Ray and sold them at great profit.29

The Ahl al-Bayt (‘a), of course, demonstrated that these crafts are not objectionable in themselves, but rather are undesirable because they were attached to some complicated matters. They clarified that the warning against engagement in such crafts was because of confusing ethical and legal matters attached to them. On other occasions, they also confirmed that honesty must be present in every job.

According to a validly reported tradition, Imam ‘Ali Amir al-Mu'minin (‘a) has said:

إِنَّ اللهَ، عَزَّ وَجَلَّ، يُحِبُّ الْمُحْتَرِفَ الأَمِينَ

Verily, Almighty Allah loves trustworthy professionals.30

Unambiguous Economic Activities

In addition to their directives in this field, the Ahl al-Bayt (‘a) chose for their followers a set of economic activities to be the main object of their attention and the center of their activities. In this respect, we will refer to three activities: commerce, agriculture (in its common sense), and utilization of real estate.

Commerce

Commerce is considered the chief and most important economic profession. It identifies market value and balances prices within the frame of supply and demand and in the field of production. Accordingly, commerce contributes largely to provide the vital necessities of human societies.

Founded on this fact, commerce had a special significance in the Islamic economic theory and was preferred over other economic activities.

The Ahl al-Bayt (‘a) used various methods of expression to urge engagement in business and commerce.

Clarifying the vital role of commerce, they are reported to have said that nine tenths of sustenance or blessings lie in commerce.31

They also declared that commerce increased the dignity of man.

Shaykh al-Saduq has reported al-Mu’alla ibn Khunays as saying:

As he noticed that I was late for work, Imam al-Sadiq (‘a) urged me saying:

أُغْدُ إِلَى عِزِّكَ

Go and join your dignity.

According to another tradition, Imam al-Sadiq (‘a) said to one of his servants:

يَا عَبْدَ اللهِ، إِحْفَظْ عِزَّكَ... غُدُوَّكَ إِلَى سُوقِكَ وَإِكْرَامَكَ نَفْسَكَ

O servant of Allah, watch over your dignity…it is to go to markets and honor yourself therein.32

Furthermore, the Ahl al-Bayt (‘a) declared that doing business keeps men’s intellects sound.

According to another valid tradition, Imam al-Sadiq (‘a) is reported to have said:

تَرْكُ التِّجَارَةِ يُنْقِصُ العَقْلَ

Abandonment of business reduces faculty of reason.33

Mu’adh, a garment seller, has reported that Imam al-Sadiq (‘a) asked him, “O Mu’adh, have you become too weak to do business or have you forsaken it?”

Mu’adh answered, “Neither of these two!”

The Imam (‘a) thus asked for justification (about why he was not working), and Mu’adh explained, “I have more than enough money for my livelihood and I am not indebted to anyone. Hence, I do not think that I will consume all my savings up to my death.”

The Imam (‘a) instructed:

لاَ تَتْرُكْهَا، فَإِنَّ تَرْكَهَا مُذْهِبَةٌ لِلْعَقْلِ. إِسْعَ عَلَى عِيَالِكَ، وَإِيَّاكَ أَنْ يَكُونُوا هُمُ السُّعَاةَ عَلَيْكَ

Do not forsake business, because forsaking it decreases one’s reason. Work for your dependents and never let them work for you.34

Burayd al-’Ujali is reported to have asked his son-in-law Muhammad ibn Muslim to ask Imam al-Sadiq’s opinion about a matter that he had decided to undertake, “Many deposits and funds have been given to me for safekeeping and I am anxious because of them. I would like now to forsake all worldly affairs and give these back to their owners.”

When Muhammad conveyed the matter to Imam al-Sadiq (‘a), the Imam said:

يَا مُحَمَّدُ، أَيَبْدَأُ نَفْسَهُ بِالْحَرْبِ؟ لاَ، وَلَكِنْ يَأْخُذُ وَيُعْطِي عَلَى اللهِ عَزَّ وَجَلَّ

O Muhammad, is he intending to wage war against himself? No, he must not do thus; rather, he can receive (income) and give (to others) for the sake of Almighty Allah.35

The Ahl al-Bayt (‘a) also declared that doing business saves the virtuous community from begging.

Shaykh al-Kulayni has reported on the authority of Muhammad ibn Muslim on the authority of Imam al-Sadiq (‘a) that Imam ‘Ali Amir al-Mu'minin (‘a) said:

تَعَرَّضُوا لِلتِّجَارَةِ، فَإِنَّ فِيهَا غِنىً لَكُمْ عَمَّا فِي أَيْدِي النَّاسِ

Engage yourselves in business, because this will save you from being in need of what others hold in possession.

According to another tradition, the Imam (‘a) said:

مَنْ طَلَبَ التِّجَارَةَ إسْتَغْنَى عَنِ النَّاسِ

Whoever engages in business will cope without the help of others.36

Because of the significance and merits of commerce, the Holy Prophet (S) engaged in business both with the capital of Lady Khadijah (‘a) and independently.

Referring to the noble characteristics of righteous people, the Holy Qur'an indicates that the righteous are engaged in business:

رِجَالٌ لَّا تُلْهِيهِمْ تِجَارَةٌ وَلَا بَيْعٌ عَن ذِكْرِ اللَّهِ وَإِقَامِ الصَّلَاةِ وَإِيتَاءِ الزَّكَاةِۙ يَخَافُونَ يَوْمًا تَتَقَلَّبُ فِيهِ الْقُلُوبُ وَالْأَبْصَارُ

…men whom neither merchandise nor selling divert from the remembrance of Allah and the keeping up of prayer and the giving of poor-rate; they fear a day in which the hearts and eyes shall turn about. (24:37)

Shaykh al-Kulayni, through a valid chain of authority, has reported that Asbat ibn Salim said that he once visited Imam al-Sadiq (‘a) who asked him about the manners of ‘Umar ibn Muslim. When he was informed that ‘Umar had given up business, the Imam (‘a) said:

عَمَلُ الشَّيْطَانِ !

This is the act of Satan!

Having repeated the same statement three times, the Imam (‘a) said:

أَمَا عَلِمَ أَنَّ رَسُولَ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، إشْتَرَى عِيراً أَتَتْ مِنَ الشَّامِ فَاسْتَفْضَلَ فِيهَا مَا قَضَى دَيْنَهُ، وَقَسَّمَ فِي قُرَابَتِهِ؟ يَقُولُ اللهُ، عَزَّ وَجَلَّ: {رِجَالٌ لَّا تُلْهِيهِمْ تِجَارَةٌ وَلَا بَيْعٌ عَن ذِكْرِ اللَّـهِ } يَقُولُ الْقُصَّاصُ إِنَّ الْقَوْمَ لَمْ يَكُونُوا يَتَّجِرُونَ. كَذِبُوا! وَلَكِنَّهُمْ لَمْ يَكُونُوا يَدَعُونَ الصَّلاَةَ فِي مِيقَاتِهَا، وَهُمْ أَفْضَلُ مَِمَّنْ حَضَرَ الصَّلاَةَ وَلَمْ يَتَّجِرْ

He should know that the Messenger of Allah (S) purchased some camels that had been brought from Sham, settled his debts from the profits and distributed the remainder among his relatives. Almighty Allah says,“Men whom neither merchandise nor selling diverts from the remembrance of Allah….” Some storytellers claim that the men praised in this verse did not work! Such storytellers are liars. These (praised) men were engaged in business, but they would also never miss performing all the prayers in their (prescribed) times. They were superior to those who performed prayers but forsook business.37

As has been previously cited, Imam al-Sadiq (‘a) used to do business with his money through sleeping partnerships although he was not himself in need of money.

However, at the same time that the Ahl al-Bayt (‘a) urged their followers to engage in commercial activities, they warned them against involvement in ethical and religious problems that might accompany such activities.

Al-Asbagh ibn Nubatah has reported that he heard Imam ‘Ali Amir al-Mu'minin (‘a) saying from the minbar (pulpit):

يَا مَعْشَرَ التُّجَّارِ، الْفِقْهَ ثُمَّ الْمُتَّجَرَ، الْفِقْهَ ثُمَّ الْمُتَّجَرَ، الْفِقْهَ ثُمَّ الْمُتَّجَرَ. وَاللهِ، لَلرِّبَا فِي هَذِهِ الأُمَّةِ أَخْفَى مِنْ دَبِيبِ النَّمْلِ عَلَى الصَّفَا. شُوبُوا إِيـمَانَكُمْ بِالصِّدْقِ. التَّاجِرُ فَاجِرٌ، وَالْفَاجِرُ فِي النَّارِ، إِلاَّ مَنْ أَخَذَ الْحَقَّ وَأَعْطَى الْحَقَّ

O group of traders, give priority to learning religious laws over engagement in business. Give priority to learning religious laws over engagement in business. Give priority to learning religious laws over engagement in business. By Allah (I swear), usury in this nation is more observed than ants’ creeping on the Hillock of Safa. So, fuse your faith with honesty. Except those who give duly and take duly, a dealer is wicked and the wicked will be in Hellfire.38

Imam al-Sadiq (‘a) has reported the Holy Prophet (S) as saying:

مَنْ بَاعَ وَإشْتَرَى فَلْيَحْفَظْ خَمْسَ خِصَالٍ وَإِلاَّ فَلاَ يَشْتَرِيَنَّ وَلاَ يَبِيعَنَّ: الرِّبَا، وَالْحِلْفَ، وَكِتْمَانَ الْعَيْبِ، وَالْحَمْدَ إِذَا بَاعَ، وَالذَّمَّ إذَا إشْتَرَى

He who is engaged in buying or selling must avoid the following five things and, if not, must neither buy nor sell: (1) usury, (2) taking oaths, (3) concealment of an item’s defects, (4) speaking highly of a commodity to be sold, and (5) finding fault with the commodity to be purchased.39

Objectives of Encouraging Commerce

In particular, the Ahl al-Bayt (‘a) encouraged their followers to engage in commerce because they intended to achieve definite objectives for the virtuous community. These objectives can be summed up in the following points:

(1) Economic activity begets positive moral and spiritual results as mentioned in traditions already referred to. In plain words, economic activity is regarded as one of the most important social activities and people that engage in commerce gain the respect and esteem of others. All high-ranking personalities have engaged in economic commerce.

(2) Such business activities produce flexibility, freedom, and continuous motion. The nature of doing business requires activity, travel, and building expansive relations with various social milieus and provides flexibility in choosing how to spend one’s time, how to invest one’s capital, and what categories of people to deal with.

(3) Such activities earn sizeable profits for those who participate in them. According to some traditions one attains up to nine tenths of his sustenance through commerce. Such wealth increases the financial capacity of the virtuous community and ensures a definite and considerable financial resource to its administration through the khums that are levied from such assets.

Agriculture

In its all-inclusive sense (which includes animal-husbandry) agriculture and agricultural investment are counted among the most important economic means for nations and communities both because they are chief sources of food and major sources of raw materials that are used in many essential, transformative and manual industries.

Therefore, the Islamic economic theory has conferred upon agriculture the second level of importance after commerce and even the highest level under certain economic circumstances (such as a besiegement) or for certain social classes (such as working class). Moreover, no nation or community can ever achieve ideal independence unless there is sufficiency in agricultural production.

Increasing its importance, the funds obtained from agricultural activities are usually pure, legal, and free from legal obscurity. As a result, the Ahl al-Bayt (‘a) are reported to have classified agriculture as the most lawful and pleasant of all professions.

In his book, al-Kafi, Shaykh al-Kulayni has reported through a valid chain on the authority of Sayyabah that a man seeking certainty said to Imam al-Sadiq (‘a), “May Allah accept me as ransom for you! I heard some people saying that agriculture is disapproved of.”

The Imam (‘a) answered:

إِزْرَعُوا وَاغْرِسُوا، فَلاَ وَاللهِ مَا عَمِلَ النَّاسُ عَمَلاً أَحَلَّ وَلاَ أَطْيَبَ مِنْهُ

You may sow and plant. By Allah (I swear), people have never been engaged in any job that is more lawful and more pleasant than agriculture.40

According to another tradition, the Imam (‘a) is reported as saying:

خَيْرُ الأَعْمَالِ الْحَرْثُ، يَزْرَعُهُ فَيَأْكُلُ مِنْهُ الْبَرُّ وَالْفَاجِرُ

The best of jobs is the sowing of a cultivated land from which both the good and the bad eat.41

According to a third tradition, the Imam (‘a) is reported as saying:

الزَّارِعُونَ كُنُوزُ الأَنَامِ، يَزْرَعُونَ طِيباً أَخْرَجَهُ اللهُ عَزَّ وَجَلَّ، وَهُمْ يَوْمَ الْقِيَامَةِ أَحْسَنُ النَّاسِ مَقَاماً وَأَقْرَبُهُمْ مَنْزِلَةً. يُدْعَوْنَ الْمُبَارَكِينَ

Farmers are the treasures of all creatures. They plant pleasant things that Almighty Allah causes to grow. On the Day of Resurrection, they shall be the best of people in rank and the nearest in standing. They shall be called the blessed ones.42

According to an acceptably reported tradition, Imam al-Sadiq (‘a) is also reported as relating the following:

When he was asked about the best of income, the Holy Prophet (S) answered:

زَرْعٌ زَرَعَهُ صَاحِبُهُ وَأَصْلَحَهُ وَأَدَّى حَقَّهُ يَوْمَ حَصَادِهِ

It is (the income from) a crop that is tended and refined by the planter who then gives its due on its harvest day.

When he was asked about the next category in superiority, the Holy Prophet (S) answered:

رَجُلٌ فِي غَنَمٍ لَهُ قَدْ تَبِعَ بِهَا مَوَاضِعَ الْقَطْرِ، يُقِيمُ الصَّلاَةَ وَيُؤْتِي الزَّكَاةَ

It is the money of a man who tends his sheep leading them to rainwater and, at the same time, maintains prayers and defrays the zakat tax.43

Due to the significance of agriculture and the fortune and reformation found therein, the Prophets and Imams used to work in agriculture in various stages of their lives.

Imam al-Sadiq (‘a) has reported the Holy Prophet (S) as saying:

إِنَّ اللهَ جَعَلَ رِزْقَ أَنْبِيَاءِهِ فِي الزَّرْعِ وَالضَّرْعِ لِئَلاَّ يَكْرَهُوا شَيْئاً مِنْ قَطْرِ السَّمَاءِ

Verily, Almighty Allah has made the sustenance of His prophets in agriculture and shepherding so that they would not resent any drops from the sky (i.e. rain).44

According to another tradition, the Holy Prophet (S) is reported to have said:

مَا بَعَثَ اللهُ نَبِيّاً إلاَّ زَرَّاعاً، إِلاَّ إدْرِيسَ فَإِنَّهُ كَاَن خَيَّاطاً

All the prophets that Almighty Allah has sent were farmers except (Prophet) Idris (‘a) who was a tailor.45

The Holy Prophet (S) and Imam ‘Ali Amir al-Mu'minin (‘a) worked in agriculture. In this respect, Imam al-Sadiq (‘a) is reported to have said:

كَانَ أَمِيرُ الْمُؤْمِنِينَ، صَلَوَاتُ اللهِ عَلَيْهِ، يَضْرِبُ بِالْمُرِّ وَيَسْتَخْرِجُ الأَرَضِينَ، وَكَانَ رَسُولُ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، يَمُصُّ النَّوَى بِفِيهِ وَيَغْرِسُهُ فَيَطْلُعُ مِنْ سَاعَتِهِ، وَإِنَّ أَمِيرَ الْمُؤْمِنِينَ أَعْتَقَ أَلْفَ مَمْلُوكٍ مِنْ مَالِهِ وَكَدِّ يَدِهِ

The Commander of the Faithful, peace of Allah be upon him, used a shovel and cultivated the soil. The Messenger of Allah, peace be upon him and his Household, used to take out the seeds (of date-palm trees) and then plant them, and they would grow from that moment. The Commander of the Faithful manumitted one thousand (bonded slaves) out of the money he had obtained from work with his own hands.46

In his book, al-Kafi, Shaykh al-Kulayni through a valid chain of authority has also reported the following account on the authority of Imam al-Baqir (‘a):

لَقِيَ رَجُلٌ أَمِيرَ الْمُؤْمِنِينَ، عَلَيْهِ السَّلاَمُ، وَتَحْتَهُ وَسْقٌ مِنْ نَوًى، فَقَالَ لَهُ: مَا هَذَا، يَا أَبَا الْحَسَنِ، تَحْتَكَ؟ فَقَالَ: مِائَةُ أَلْفِ عِذْقٍ، إِنْ شَاءَ اللهُ. فَغَرَسَهُ فَلَمْ يُغَادِرْ مِنْهُ نَوَاةً وَاحِدَةً

One day, a man met the Commander of the Faithful (‘a) and found a small quantity of seeds (of the date-palm tree) beside him. “Abu’l-Hasan,” the man asked, “What is this beneath you?” The Commander of the Faithful (‘a) answered, “These shall be a thousand bunches, Allah willing.” Hence, the Imam (‘a) planted all these seeds without leaving even a single one.47

According to many traditions, Imam al-Baqir, Imam al-Sadiq, and Imam al-Kazim (‘a) worked in agriculture.48 that The other Holy Imams (‘a) also worked in this field when they had a chance. Traditions have asserted that agriculture was the general means of livelihood practiced by the Ahl al-Bayt (‘a).

It goes without saying that all economic activities are contingent upon God-wariness and defraying religious dues, including zakat and others, because success and prosperity are conditional upon observation of such religious duties.

In this regard, the Holy Prophet (S) is reported to have said:

مَنْ زَرَعَ حِنْطَةً فِي أَرْضٍ فَلَمْ يَزْكُ زَرْعُهُ، أَوْ خَرَجَ زَرْعُهُ كَثِيرَ الشَّعِيرِ، فَبِظُلْمٍ عَمِلَهُ فِي مُلْكِ رَقَبَةِ الأَرْضِ، أَوْ بِظُلْمٍ لِمُزَارِعِهِ، أَوْ أَكْرَتِهِ، لأَِنَّ اللهَ يَقُولُ :

فَبِظُلْمٍ مِّنَ الَّذِينَ هَادُوا حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْ وَبِصَدِّهِمْ عَن سَبِيلِ اللَّهِ كَثِيرًا

If someone plants wheat but the crop fails to produce or much barley grows in its place, this means that the planter must have committed a wrongdoing in ownership of that land or in employment of workers; that is, he must have wronged an employee in work or in wage. Almighty Allah says,“Wherefore, for the iniquity of those who are Jews, did We disallow to them the good things which had been made lawful for them. (4:160)” 49

Social Objectives of Agriculture

The Ahl al-Bayt (‘a) intended to achieve definite social objectives for the virtuous community in particular and wanted to create an accord between this economic activity and the political and social conditions of the community. Some of these objectives can be summed up in the following points:

(1) Agricultural activities have been presented as the best of deeds, as shown by the previously mentioned traditions, because they highlight man’s spiritual connection with Almighty Allah and because they are the most pleasant, most lawful and purest means of earning money.

(2) Engagement in agricultural activities procures self-sufficiency for the individuals of the virtuous community. It also teaches them reliance on Almighty Allah alone in addition to self-dependency in managing their affairs. Under harsh social conditions a self-sufficient farmer can dispense with the help of others completely and has the freedom to manage his life, worship Allah and carry out his duties on his own initiative.

(3) Engagement in agricultural activities provides the members of the virtuous community with a safe refuge and averts direct contact with the despotic authorities and their officials. As a result, a good, yet proportional level of security is achieved for the individuals of the virtuous community who, under such circumstances, can practice their activities and private rituals freely, because the ruling authorities usually lack influence or power in the rural and agricultural regions. Therefore, such regions were important shelters for the descendants and followers of the Ahl al-Bayt (‘a) who were pursued by the ruling authorities. These regions were also good grounds for promulgating the true guidance that is represented by the faith of Shi’ism.

(4) Agriculture, in its capacity as a vital economic activity, provides good income. It is regarded as one of the best means of production and the best method of investment. It also increases the financial capacity of the virtuous community and ensures a considerable financial resource to the governing system of the community through khums and zakat, as well as other dues which are levied from its assets.

Real Estate

The Ahl al-Bayt (‘a) held real estate as one means of earning important funds. They also persuaded their followers to buy and keep real estate, preferring real property to ‘silent’ properties (i.e. currency).

Real estate contributes to construction and improvement of derelict lands. It thus can be a means of production when used as a farm or an orchard, a means of service and aid when used as a dwelling place, or a place of offering commercial services when used as a hotel, hospital, or commercial shop. Real estate, therefore, plays a vital role in human life in general.

A view at the narrations reported from the Ahl al-Bayt (‘a) shows that they laid stress on a number of aspects concerning real estate:

(1) Real estate helps achieve a livelihood and guarantees commercial work and reciprocal movement. Therefore, it is better than ‘silent’ property.

Through a valid chain of authority, Shaykh al-Kulayni has reported on the authority of Murazim that Imam al-Sadiq (‘a) advised Musadif, his servant, saying:

إِتَّخِذْ عُقْدَةً أَوْ ضَيْعَةً، فَإِنَّ الرَّجُلَ إِذَا نَزَلَتْ بِهِ النَّازِلَةُ أَوِ الْمُصِيبَةُ فَذَكَرَ أَنَّ وَرَاءَ ظَهْرِهِ مَا يُقِيمُ بِهِ عِيَالَهُ كَانَ أَسْخَى لِنَفْسِهِ

Betake yourself a building or a farm. When one is exposed to a misfortune or a conflict, one becomes readier to make self-sacrifice if one realizes that there is something left for the dependents to live on.50

Through a valid chain of authority, Shaykh al-Saduq has reported that Imam al-Sadiq (‘a) used to say:

مَا يُخَلِّفُ الرَّجُلُ بَعْدَهُ شَيْئاً أَشَدَّ عَلَيْهِ مِنَ الْمَالِ الصَّامِتِ... يَجْعَلُهُ فِي الْحَائِطِ؛ البُسْتَانَ أَوِ الدَّارَ

No legacy is worse than silent property…it must be transferred into estates; i.e. in gardens or houses.51

(2) There is a moral and spiritual aspect in acquiring real estates which is associated with selflessness and altruism. To put in plainer words, the possession of a piece of real estate can bring comfort that there is security for one’s family members; as a result, this can be encouragement to sacrifice oneself for the sake of one’s faith if the need arises, given that individuals of the virtuous community have always been objects of pursuit and persecution by the tyrannical ruling authorities. This aspect has been confirmed by the previously mentioned report of Murazim.

(3) The Ahl al-Bayt (‘a) cautioned their followers against selling their real estate unless they wanted to substitute it with a better piece of real estate. They therefore encouraged their followers to hold real estate because it is blessed and brings about sustenance and good fortune unlike ‘silent’ money, which is unblessed and diminishes in value.

Referring to this fact, the Ahl al-Bayt (‘a) are reported to have said:

ثَمَنُ الْعَقَارِ مَمْحُوقٌ إِلاَّ أَنْ يُجْعَلَ فِي عَقَارٍ مِثْلِهِ

The financial return on an estate is unblessed unless it is used to purchase another estate.

Musmi’ has reported that, seeking the advice of Imam al-Sadiq (‘a), he said, “I have a land that many are asking me to sell and offering good prices.”

The Imam (‘a) answered:

يَا أَبَا سَيَّارٍ، أَمَا عَلِمْتَ أَنَّ مَنْ بَاعَ الْمَاءَ وَالطِّينَ وَلَمْ يَجْعَلْ ثَمَنَهُ فِي الْمَاءِ وَالطِّينِ ذَهَبَ مَالُهُ هَبَاءً؟

Abu-Sayyar, know that whoever sells water and mud (i.e. land or estate) but does not put its financial return in some other water and mud has verily lost his money in vain.

Musmi’ said, “May Allah accept me as ransom for you! I will sell it at a good price and purchase a larger plot of land.”

The Imam (‘a) answered, “If so, there is no objection to selling it.”

According to another narration, the Ahl al-Bayt (‘a) are reported to have said:

مُشْتَرِي الْعُقْدَةِ مَرْزُوقٌ، وَبَائِعُهَا مَمْحُوقٌ

A purchaser of real estate will be granted sustenance, but the seller of it will be deprived of blessing.52

(4) It is more highly recommended to purchase various estates in different places rather than in one place, as has been confirmed in the aforementioned report of Mu’ammar ibn Khallad from Imam al-Ridha (‘a).

As a distinctive feature, real estate assets are so blessed that they are free from suspicion and legal and moral confusion, which can accompany merchandise, transactions, or even manual professions.

Notes

1. - Shaykh al-Kulayni, al-Kafi 5:77, H. 1.

2. - Shaykh al-Kulayni, al-Kafi 5:77, H. 2.

3. - Shaykh al-Kulayni, al-Kafi 5:78, H. 3.

4. - Shaykh al-Kulayni, al-Kafi 5:88, H. 1.

This section and the following ones bear positive traditions that demonstrate this concept.

5. - Shaykh al-Kulayni, al-Kafi 5:88, H. 2.

6. - Shaykh al-Kulayni, al-Kafi 5:87, H. 1.

7. - Shaykh al-Kulayni, al-Kafi: 5:73-74, H 1.

Muhammad ibn al-Munkadir was one of the superior master and most trustworthy scholars of Sunnis. He died in AH 130 or 131.

This section of the previous reference book comprises many narrations about the Ahl al-Bayt’s acting as examples to be followed.

8. - Shaykh al-Kulayni, al-Kafi 5:76, H. 12.

9. - Shaykh al-Kulayni, al-Kafi 5:79, H. 1.

10. - Shaykh al-Kulayni, al-Kafi 5:79, H. 2.

11. - Shaykh al-Kulayni, al-Kafi 5:85, H. 1.

12. - Shaykh al-Kulayni, al-Kafi 5:85, H. 2.

13. - Shaykh al-Kulayni, al-Kafi 5:80, H. 1.

14. - Shaykh al-Kulayni, al-Kafi 5:80, H. 2.

15. - Shaykh al-Kulayni, al-Kafi 5:87, H. 3.

16. - Shaykh al-Kulayni, al-Kafi 5:87, H. 4.

17. - Shaykh al-Kulayni, al-Kafi 5:90-91, H. 1.

18. - Shaykh al-Kulayni, al-Kafi 5:89, H. 1.

19. - Shaykh al-Kulayni, al-Kafi 5:89, H. 2.

20. - Shaykh al-Kulayni, al-Kafi 5:90, H. 3.

21. - Shaykh al-Kulayni, al-Kafi 5:90, H. 1.

22. - Shaykh al-Kulayni, al-Kafi 5:90, H. 3.

23. - Shaykh al-Kulayni, al-Kafi 5:91, H. 1.

24. - Shaykh al-Kulayni, al-Kafi 5:91, H. 2.

25. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:129, H. 5; Shaykh al-Kulayni, al-Kafi, 5:107, H. 5.

26. - Shaykh al-Kulayni, al-Kafi 5:106-107, H. 5.

27. - Shaykh al-Kulayni, al-Kafi 5:114, H. 4.

28. - Shaykh al-Kulayni, al-Kafi 5:114, H. 5.

29. - Shaykh al-Kulayni, al-Kafi 5:114, H. 6.

30. - Shaykh al-Kulayni, al-Kafi 5:113, H. 1.

31. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:3-5, H. 3, 4, 5, 8, 12.

32. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:3-5, H. 2, 10, 12.

33. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:6, H. 1.

34. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:6, H. 4.

35. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:7, H. 9.

36. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:4, H. 11, 8.

37. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:6, H. 5.

38. - Shaykh al-Kulayni, al-Kafi 5:150, H. 1.

39. - Shaykh al-Kulayni, al-Kafi 5:150-151, H. 2.

40. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 13:193, H. 1.

41. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 13:194, H. 6.

42. - Shaykh al-Kulayni, al-Kafi 5:261, H. 7.

43. - Shaykh al-Kulayni, al-Kafi 5:260-261, H. 6.

44. - Shaykh al-Kulayni, al-Kafi 5:260, H. 2.

45. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:25, H. 3.

The same is recorded in ‘Awali al-La'ali and other reference books of tradition, yet with a very little difference.

46. - Shaykh al-Kulayni, al-Kafi 5:74, H. 2.

47. - Shaykh al-Kulayni, al-Kafi 5:74-75, H. 6.

48. - Shaykh al-Kulayni, al-Kafi 5:73-77, H. 1, 3, 7, 9, 10, 11, 13, 14, 15.

49. - Shaykh al-Kulayni, al-Kafi 5:306, H. 9; Tafsir al-’Ayyashi 1:284-285, H. 304; al-Majlisi, Bihar al-Anwar 103:66, H. 15.

50. - Shaykh al-Kulayni, al-Kafi 5:92, H. 5; al-Hurr al-’Amili, Wasa'il al-Shi’ah 12:44, H. 3 as quoted from the previous reference book.

51. - Sayyid al-Borojerdi, Jami’ Ahadith al-Shi’ah 17:136, H. 8 as quoted from Shaykh al-Kulayni, al-Kafi 5:91, H. 2, 7 & Shaykh al-Saduq, man-la-yahdhuruhul-faqih 3:170, H. 3642.

52. - Shaykh al-Kulayni, al-Kafi 5:92, H. 6, 8, 4.

Chapter 1: General Economic Legislation

1. Zakat

2. Derelict Lands

3. Annexed Lands

4. Endowments (Waqf)

Preamble

The Ahl al-Bayt (‘a) instructed their followers to accept and conform to general economic legislation, including commercial transactions and contracts and their financial resultants and commitments. These instructions also dealt with disagreements by jurisprudents about transactions and the degree of obligation towards a certain law. Such differences between the Ahl al-Bayt (‘a) school and other jurisprudential schools are trivial.

Laws regarding transactions and contracts depend upon the Holy Legislator’s consent according to the rationally approvable line of conduct (i.e. al-Sirah al-’uqala'iyyah), with a few exceptions like usury and transactions which include illegal profit about which there is a slight disagreement among the Muslim jurisprudential schools.

According to the Ahl al-Bayt (‘a) school, the Ahl al-Bayt (‘a) are the rightful rulers of the Muslim nation as designated by Almighty Allah. In the field of economic legislation, it might be strange if there were no disagreement among the Muslim jurisprudential schools in spite of being firmly based on the laws of Islam, and strongly related to the interests of the Muslim leadership and the virtuous community.

We will refer to four of the most important rulings in the field of finance and economy by looking at the instructions given to the partisans and followers of the Ahl al-Bayt (‘a) in order to demonstrate the standpoint of the Ahl al-Bayt (‘a) regarding these issues.

Zakat

Confirmed by the Holy Qur'an and the traditions of the Holy Prophet (S), zakat is held to be the most important legislation in the field of finance. Islam has very accurately delineated private assets owned by Muslims that are subject to this tax. These assets are nine in number and include two monetary standards: gold and silver; four types of produce: wheat, barley, dates, and raisins; and the three types of livestock: camels, cows, and sheep.

Furthermore, Islam has designated the ruler of the Muslim community as the supervisor and custodian of these taxes whose mission is to estimate, calculate, assess, and collect the correct amount of zakat from the owners of these assets. The Holy Qur'an has also regulated the use of these taxes and dedicated them to the following categories that are mentioned in this holy verse:

إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِۖ فَرِيضَةً مِّنَ اللَّهِۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ

The alms are only for the poor, the needy, those who collect them, to influence hearts (to belief), to free captives and debtors, for the cause of Allah, and for the wayfarer - a duty imposed by Allah. Allah is Knower, Wise. (9:60)

Four major aspects of zakat are as follows:

(i) Significance and origin of zakat

(ii) Items subjected to zakat

(iii) Expenditure of zakat

(iv) Supervision of zakat

Ahl al-Bayt’s view of the significance of zakat

The Ahl al-Bayt (‘a) adopted the same level of emphasis on this religious duty as adopted by other Muslim groups, although among other groups the funds of zakat were often held by unjust rulers.

According to an authentic narration, Muhammad ibn Muslim, Abu-Basir, Burayd, and Fudhayl have reported Imam al-Baqir (‘a) and Imam al-Sadiq (‘a) as saying:

فَرَضَ اللهُ الزَّكَاةَ مَعَ الصَّلاَةِ

Almighty Allah has deemed zakat obligatory along with the (duty of) prayer.1

According to another authentic narration, Muhammad ibn Muslim has reported Imam al-Baqir (‘a) as saying:

مَا مِنْ عَبْدٍ مَنَعَ مِنْ زَكَاةِ مَالِهِ شَيْئاً إِلاَّ جَعَلَ اللهُ ذَلِكَ يَوْمَ الْقِيَامَةِ ثُعْبَاناً مِنْ نَارٍ مُطَوَّقاً فِي عُنُقِهِ يَنْهَشُ مِنْ لَحْمِهِ حَتَّى يَفْرِغَ مِنَ الْحِسَابِ. وَهُوَ قَوْلُ اللهِ عَزَّ وَجَلَّ :

سَيُطَوَّقُونَ مَا بَخِلُوا بِهِ يَوْمَ الْقِيَامَةِ

As for any servant (of Allah) who refrains from paying zakat (out of his wealth), Almighty Allah will certainly transform his assets into a fiery serpent, encircling his neck and biting his flesh until the settlement of accounts with him is finished. This is the meaning of Almighty Allah’s saying,“They shall have that, whereof they were niggardly, cleave to their necks on the Day of Resurrection. (3:180)” 2

One who refuses to pay zakat and violates this duty or denies zakat as a religious obligation is deemed kafir (apostate from Islam) because zakat is one of the essential duties of Islam.

Abu-Basir has reported Imam al-Sadiq (‘a) as saying:

مَنْ مَنَعَ قِيرَاطاً مِنَ الزَّكَاةِ فَلَيْسَ بِمُؤْمِنٍ وَلاَ مُسْلِمٍ. وَهُوَ قَوْلُ اللهِ عَزَّ وَجَلَّ :

رَبِّ ارْجِعُونِ

لَعَلِّي أَعْمَلُ صَالِحًا فِيمَا تَرَكْتُ

Whoever refrains from paying even a carat of zakat is neither a believer (mu'min) nor Muslim. This is the meaning of Almighty Allah’s saying, “(Until when death overtakes one of them, he says:)‘Send me back, my Lord, send me back! Haply I may do good in that which I have left.’ (23:99-100)” 3

According to another authentic narration, Abu-Basir has reported Imam al-Sadiq (‘a) as saying:

مَنْ مَنَعَ قِيرَاطاً مِنَ الزَّكَاةِ فَلْيَمُتْ إِنْ شَاءَ يَهُودِيّاً أَوْ نَصْرَانِيّاً

He who refrains from paying even a carat of zakat may die a Jew or Christian, whichever he likes.4

Funds Subject To Zakat

Regarding the items subject to zakat, there is some disagreement among the Ahl al-Bayt (‘a) school and other Muslim jurisprudential schools. The disagreement lies in two major points and arises from the difference between the jurisprudential ijtihad-based outcome of the followers of the Ahl al-Bayt (‘a) and the followers of other Muslim sects. Such difference, however, is not found in narrations and traditions reported from the Ahl al-Bayt (‘a).

• According to the general and familiar jurisprudential opinion of the Ahl al-Bayt’s followers, assets of commerce and goods that are in merchants’ shops and stores are not subject to zakat; however, the general jurisprudential opinion of other Muslim sects maintains that these items are subject to zakat. Several traditions, reported from the Ahl al-Bayt (‘a), do declare such items as obligatory for zakat and, as a result, some scholars from the Ahl al-Bayt (‘a) school have adopted this opinion; however, these traditions have been understood by the master scholars of this school as recommending the payment of zakat on such items or as having been said as a consequence of taqiyyah because of the fact that other sacred texts and traditions restrict this tax to the nine aforementioned categories of property.

• Like the previous point, disagreement on the ruling concerning additional produce and livestock - such as rice, corn and horses - arises from the difference in the jurisprudential, deductive outcome between the Ahl al-Bayt (‘a) school and other Muslim schools of jurisprudence. Once again, there are some traditions reported from the Ahl al-Bayt (‘a) involving the possible obligation of paying zakat on these items, but these traditions have been understood by the scholars of this school as being only a recommendation or as having been said as a consequence of taqiyyah.5

We can give two explanations for this minor difference supported by some points of evidence notwithstanding the scope of their accuracy.

(a) In Islamic legislation, zakat is in fact obligatory on the nine previously mentioned items, while it is only recommended to pay zakat for other items. The Ahl al-Bayt (‘a) are well known for their in-depth knowledge of this fact (i.e., the distinction between the items on which zakat is obligatory and those on which it is recommended), while other Muslims show confusion about it. Some authentic traditions support this observation.

‘Abdullah ibn Sinan quoted Imam al-Sadiq (‘a) to have said:

لَمَّا نَزَلَتْ آيَةُ الزَّكَاةِ :

خُذْ مِنْ أَمْوَالِهِمْ صَدَقَةً تُطَهِّرُهُمْ وَتُزَكِّيهِم بِهَا

فِي شَهْرِ رَمَضَانَ، فَأَمَرَ رَسُولُ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، مُنَادِيَهُ فَنَادَى فِي النَّاسِ: إِنَّ اللهَ، تَبَارَكَ وَتَعَالَى، قَدْ فَرَضَ عَلَيْكُمُ الزَّكَاةَ كَمَا فَرَضَ عَلَيْكُمُ الصَّلاَةَ. فَفَرَضَ عَلَيْكُمْ مِنَ الذَّهَبِ وَالْفِضَّةِ وَالإِبِلِ وَالْبَقَرِ وَالْغَنَمِ وَمِنَ الْحِنْطَةِ وَالشَّعِيرِ وَالتَّمْرِ وَالزَّبِيبِ، وَنَادَى فِيهِمْ بِذَلِكَ فِي شَهْرِ رَمَضَانَ، وَعَفَا لَهُمْ عَمَّا سِوَى ذَلِكَ

When this holy verse was revealed:“Take charity out of their property, in order to cleanse them and purify them thereby, (9:103)” the Holy Prophet (S), in the month of Ramadhan, ordered his caller to call out, “O people, Almighty Allah has prescribed for you as an obligation to pay zakat just as He has prescribed for you performance of the prayers. Hence, He is imposing on you (a proportion) of gold, silver, camels, cows, sheep, wheat, barley, dates, and raisins.” The Holy Prophet (S) announced these to people in the month of Ramadhan, excluding all other items…6

Imam al-Baqir (‘a) and Imam al-Sadiq (‘a) are reported to have said:

فَرَضَ اللهُ، عَزَّ وَجَلَّ، الزَّكَاةَ مَعَ الصَّلاَةِ فِي الأَمْوَالِ، وَسَنَّهَا رَسُولُ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، فِي تِسْعَةِ أَشْيَاءَ، وَعَفَا رَسُولُ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، عَمَّا سِوَاهُنَّ: فِي الذَّهَبِ وَالْفِضَّةِ وَالإِبِلِ وَالْبَقَرِ وَالْغَنَمِ وَالْحِنْطَةِ وَالشَّعِيرِ وَالتَّمْرِ وَالزَّبِيبِ. وَعَفَا رَسُولُ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، عَمَّا سِوَى ذَلِكَ

Almighty Allah has imposed (as a religious duty) the payment of zakat from assets along with the (religious duty of) prayers. The Messenger of Allah (S) enacted zakat to be paid from nine things only and he excluded everything else: from gold, silver, camels, cows, sheep, wheat, barley, dates, and raisins. The Messenger of Allah (S) excluded everything else.”7

Muhammad (ibn Ja’far) al-Tayyar has reported that he asked Imam al-Sadiq (‘a) about the items that are as an obligation subjected to zakat.

The Imam (‘a) answered:

فِي تِسْعَةِ أَشْيَاءَ: الذَّهَبِ وَالْفِضَّةِ وَالْحِنْطَةِ وَالشَّعِيرِ وَالتَّمْرِ وَالزَّبِيبِ وَالإِبِلِ وَالْبَقَرِ وَالْغَنَمِ. وَعَفَا رَسُولُ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، عَمَّا سِوَى ذَلِكَ

These are nine things; gold, silver, wheat, barley, dates, raisins, camels, cows, and sheep. The Messenger of Allah (S) excluded everything else.

The reporter said, “May Allah lead you to ever more righteousness! We have other grains.”

“Which ones?” the Imam (‘a) asked.

“Rice,” answered the reporter.

“Yes,” the Imam (‘a) commented, “there is much.”

“Is it subjected to zakat?” the reporter asked.

The Imam (‘a) reproached him and said:

أَقُولُ لَكَ إِنَّ رَسُولَ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، عَفَا عَمَّا سِوَى ذَلِكَ، وَتَقُولُ: إِنَّ عِنْدَنَا حَبّاً كَثِيراً، أَفِيهِ الزَّكَاةُ؟

I have told you that the Messenger of Allah (S) excluded everything else, yet you tell me that you have other grains and ask me whether they are subjected to zakat or not!8

According to another authentically reported narration, Zurarah said that he was sitting with Imam al-Baqir (‘a) and no one else was with the Imam except his son Ja’far (al-Sadiq). At that time, the Imam (‘a) narrated to me:

يَا زُرَارَةُ، إِنَّ أَبَا ذَرٍّ وَعُثْمَانَ تَنَازَعَا عَلَى عَهْدِ رَسُولِ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، فَقَالَ عُثْمَانُ: كُلُّ مَالٍ مِنْ ذَهَبٍ أَوْ فِضَّةٍ يُدَارُ بِهِ وَيُعْمَلُ بِهِ وَيُتَّجَرُ بِهِ فَفِيهِ الزَّكَاةُ إِذَا حَالَ عَلَيْهِ الْحَوْلُ. فَقَالَ أَبُو ذَرٍّ: أَمَّا مَا يُتَّجَرُ بِهِ أَوْ دِيرَ وَعُمِلَ بِهِ فَلَيْسَ فِيهِ زَكَاةٌ؛ إِنَّمَا الزَّكَاةُ فِيهِ إِذَا كَانَ رِكَازاً كَنْزاً مَوْضُوعاً، فَإِذَا حَالَ عَلَيْهِ الْحَوْلُ فَفِيهِ الزَّكَاةُ. فَاخْتَصَمَا فِي ذَلِكَ إِلَى رَسُولِ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، فَقَالَ: الْقَوْلُ مَا قَالَ أَبُو ذَرٍّ

O Zurarah, during the lifetime of the Messenger of Allah (S), Abu-Dharr and ‘Uthman disagreed about a question. ‘Uthman said, “Every item of finance, be it gold or silver, that is used in one’s business, trade and profession is subjected to zakat after the passage of a complete year (of earnings).” Abu-Dharr said, however, “Assets that are used in one’s business, trade, and profession are not subjected to zakat. Zakat is paid only from assets that are stored or saved like treasure. Hence, when a year passes, such assets become subject to zakat.” They then presented the matter before the Messenger of Allah (S) who said, “Abu-Dharr’s opinion is correct.”

Abu-’Abdullah al-Sadiq (‘a) said to his father, “If this narration is announced, people will stop giving to the poor and needy. Do you want this?”

The Imam (‘a) replied:

إِلَيْكَ عَنِّي! لاَ أَجِدُ مِنْهَا بُدّاً

Stop this here! I have no other alternative.9

(b) The Islamic legislation with regard to finance decides that zakat (in the sense of charity) is obligatory upon the wealthy who are thus required to satisfy and meet the needs of the poor. Almighty Allah, having introduced the nine aforementioned assets as obligatory charity, entrusted the mission of identifying the extent of these funds to the Guardians (wali) appointed by Him - the Holy Prophet (S) and the Infallible Imams (‘a).

In the beginning of the formulation of Islamic law the Holy Prophet (S), in his capacity as the guardian of Muslims, completely restricted this religious duty to nine items which were obligatorily subject to zakat, and he exempted all others because the interests of Muslims at that stage required such and also because this amount of zakat could achieve the purpose behind its legislation.

However, it is acceptable for a succeeding Guardian, alone or with the participation of others, to subject other finances to this religious tax in the light of the supreme interest of Islam or in order to make sure that the purpose of establishing the law of paying zakat is achieved. Unfortunately, the origin of this law has been confused with other types of local authoritarian legislation10 by both jurisprudents of the Ahl al-Bayt (‘a) school and the other Muslim schools. However, it is worth mentioning that exercise of this political authority is quite clearly entrusted to the Holy Imams of the Ahl al-Bayt (‘a).

Zurarah and Muhammad ibn Muslim have reported Imam al-Sadiq (‘a) as saying:

إِنَّ اللهَ، عَزَّ وَجَلَّ، فَرَضَ لِلْفُقَرَاءِ فِي مَالِ الأَغْنِيَاءِ مَا يَسَعُهُمْ، وَلَوْ عَلِمَ أَنَّ ذَلِكَ لاَ يَسَعُهُمْ لَزَادَهُمْ. إِنَّهُمْ لَمْ يُؤْتَوْا مِنْ قِبَلِ فَرِيضَةِ اللهِ عَزَّ وَجَلَّ، وَلَكِنْ أُوتُوا مِنْ مَنْعِ مَنْ مَنَعَهُمْ حَقَّهُمْ لاَ مِمَّا فَرَضَ اللهُ لَهُمْ، وَلَوْ أَنَّ النَّاسَ أَدَّوْا حُقُوقَهُمْ لَكَانُوا عَايِشِينَ بِخَيْرٍ

Verily, Almighty Allah has ordained a sufficient share for the poor to be taken from the assets of the wealthy that meets all their needs. If He had known that this determined share would not meet the needs of the poor, He would certainly have added to it. People have not remained poor because of a duty that Almighty Allah has prescribed or because of the share that Almighty Allah has determined for them but because they have been deprived of what was due to them. Had people given the poor their due, they would certainly have lived in welfare.11

‘Ali ibn Mahziyar has reported that Imam al-Ridha (‘a) wrote the following statement in a letter he sent to ‘Abdullah ibn Muhammad:

الزَّكَاةُ عَلَى كَيْلِ مَا كِيلَ بِالصَّاعِ

Zakat is levied from everything that can be measured by sa’.12

So, that is what ‘Abdullah recorded.

Another man has reported that he once asked Imam al-Sadiq (‘a) about zakat on grains. “What kind of grain do you mean?” the Imam (‘a) asked.

“They are sesame, rice, and millet,” the man answered, “and these are all grains, just like wheat and barley.”

The Imam (‘a) responded:

فِي الْحُبُوبِ كُلِّهَا زَكَاةٌ

All grains are subject to zakat.

Imam al-Sadiq (‘a) is also reported to have answered the question of someone, saying:

مَا دَخَلَ الْقَفِيزَ فَهُوَ يَجْرِي مَجْرَى الْحِنْطَةِ وَالشَّعِيرِ وَالتَّمْرِ وَالزَّبِيبِ

Whatever is measured by qafiz13 is treated just like wheat, barley, dates, and raisins.

The questioner continued, “May Allah accept me as ransom for you! Please tell me whether rice and its likes, such as chick-pea and lentils are subject to zakat or not?”

The Imam (‘a) answered in writing:

الزَّكَاةُ فِي كُلِّ شَيْءٍ كِيلَ

Everything that is measured is subject to zakat.14

Zurarah has reported that he asked Imam al-Sadiq (‘a) whether corn is subject to zakat or not, and the Imam (‘a) answered:

الذَّرَّةُ وَالْعَدَسُ وَالسِّلْتُ وَالْحُبُوبُ فِيهَا مِثْلُ مَا فِي الْحِنْطَةِ وَالشَّعِيرِ، وَكُلُّ مَا كِيلَ بِالصَّاعِ فَبَلَغَ الأَوْسَاقَ الَّتِي يَجِبُ فِيهَا الزَّكَاةُ فَعَلَيْهِ فِيهِ الزَّكَاةُ

Corn, lentils, shelled barley, and all cereals are subject to zakat just like wheat and barley. Everything that is measured by sa’ and amounts to wasqs15 that are subject to zakat, is subject to this tax.16

Abu-Basir has reported that he asked Imam al-Sadiq (‘a) whether rice is subject to zakat, and the Imam (‘a) answered affirmatively and then added:

إِنَّ الْمَدِينَةَ لَمْ تَكُنْ يَوْمَئِذٍ أَرْضَ أَرُزٍّ فَيُقَالُ فِيهِ، وَلَكِنَّهُ قَدْ جُعِلَ فِيهِ. وَكَيْفَ لاَ يَكُونُ فِيهِ وَعَامَّةُ خَرَاجِ الْعِرَاقِ مِنْهُ؟

Because there were no rice farms in al-Madinah at that time (of legislation), nothing was mentioned about its taxation. Nevertheless, rice was included in the taxable grains. How could it be excluded when the majority of the taxes of Iraq are levied from rice?17

Suma’ah has reported that he asked the Imam (‘a) whether the working partner must pay zakat on assets used in a partnership.

The Imam (‘a) answered:

يَنْبَغِي لَهُ أَنْ يَقُولَ لأَِصْحَابِ الْمَالِ: زَكُّوهُ. فَإِنْ قَالُوا: إِنَّا نُزَكِّيهِ، فَلَيْسَ عَلَيْهِ غَيْرُ ذَلِكَ. وَإِنْ هُمْ أَمَرُوهُ بِأَنْ يُزَكِّيَهُ فَلْيَفْعَلْ

A working partner in a partnership who does the business with the money of the other partners is required to advise the owner of the money to pay the zakat of the money. If the owners say that they have done so, then he is not required to do more, but if they order him to pay the zakat, then he is required to do so.

The reporter further asked, “What if the owner of the money claims that he is paying the zakat of the money, while the other party knows for sure that he (i.e. the owner) is not?”

The Imam (‘a) answered:

إِذَا هُمْ أَقَرُّوا بِأَنَّهُمْ يُزَكُّونَهُ، فَلَيْسَ عَلَيْهِ غَيْرُ ذَلِكَ. وَإِنْ هُمْ قَالُوا: إِنَّا لاَ نُزَكِّيهِ، فَلاَ يَنْبَغِي لَهُ أَنْ يَقْبَلَ ذَلِكَ الْمَالَ وَلاَ يَعْمَلَ بِهِ حَتَّى يُزَكِّيَهُ

If the owner of the money declares that he is paying the zakat of the money, the other partner is not required to do more than that; however, if the owner professes that he is not paying the zakat, then the working partner must not accept that money and must not do business with it until the partner pays the zakat.18

Muhammad ibn Muslim has reported that he asked Imam al-Sadiq (‘a) when zakat must be paid in the case of a person who bought goods with money for which zakat had been paid, and later the goods remained unsold.

The Imam (‘a) answered:

إِنْ كَانَ أَمْسَكَ مَتَاعَهُ يَبْتَغِي بِهِ رَأْسَ مَالِهِ فَلَيْسَ عَلَيْهِ زَكَاةٌ، وَإِنْ كَانَ حَبِسَهُ بَعْدَ مَا يَجِدُ رَأْسَ مَالِهِ فَعَلَيْهِ الزَّكَاةُ بَعْدَ مَا أَمْسَكَهُ بَعْدَ رَأْسِ الْمَالِ

If the man withheld the goods in order to recuperate his capital, the goods are not taxable, but if he withheld the goods after he had recuperated his capital, then this money becomes subject to zakat for withholding it after regaining his capital.

The reporter further asked, “If one is given money to do business, is this money subject to zakat?”

The Imam (‘a) answered:

إِذَا حَالَ الْحَوْلُ، فَلْيُزَكِّهَا

After the passage of a complete year, he must pay its zakat.19

Usage of the Money Of Zakat

As for categories that are entitled to the money of zakat, the Ahl al-Bayt (‘a) confirmed that these are exclusively the eight categories mentioned in verse 60 of Surah al-Tawbah (Surah 9). However, it is not obligatory to include all these eight categories when paying the money of zakat; rather, it is acceptable to restrict payment to one or more category. The religious authority who supervises the distribution of zakat decides the details of this issue. Apart from some minor details, this issue is unanimously agreed upon by all Muslims.

Additionally, the Ahl al-Bayt (‘a) instructed their Shi’ah to distribute the money of zakat to the individuals of the virtuous community restrictedly, where possible. This instruction was made as a result of the Ahl al-Bayt’s understanding of the nature of needs imposed upon the virtuous community which was besieged economically and politically.

Consequently, the individuals of this community had become the worthiest to receive the money of zakat because of being exposed to various sorts of pressures that caused their deprivation, especially considering the fact that the majority of the zakat money went to the ruling authorities and nothing of it was kept at the disposal of individuals except a very small amount that could be excluded from the tax itself.

In addition, the individuals of the virtuous community deserve the money of zakat as much as other Muslims. Accordingly, it was necessary to compensate the virtuous community for the deprivation caused them by the rulers because of their adherence to the doctrine of the Ahl al-Bayt (‘a). Hence, these funds were restricted to these individuals.

It is not improbable that this very idea has been intended in the authentic report of Zurarah and Muhammad ibn Muslim, which has been cited by the three master scholars - Shaykh al-Kulayni, Shaykh al-Saduq, and Shaykh al-Tusi.

Zurarah and Muhammad ibn Muslim report that they asked Imam al-Sadiq (‘a) about Almighty Allah’s saying:

‘The alms are only for the poor, the needy, those who collect them, to influence hearts (to belief), to free captives and debtors, for the cause of Allah, and for the wayfarer - a duty imposed by Allah. Allah is Knower, Wise.’ (9:60)

They asked whether the categories entitled to the funds of zakat included those who do not recognize (the divinely commissioned loyalty to the Ahl al-Bayt (‘a)).

The Imam (‘a) answered:

إِنَّ الإِمَامَ يُعْطِي هَؤُلاَءِ جَمِيعاً لأَِنَّهُمْ يُقِرُّونَ لَهُ بِالطَّاعَةِ

The Imam gives to all these categories only because they recognize obedience to him.

Zurarah asked, “What if they do not recognize him?”

The Imam (‘a) answered:

يَا زُرَارَةُ، لَوْ كَانَ يُعْطِي مَنْ يَعْرِفُ دُونَ مَنْ لاَ يَعْرِفُ لَمْ يُوجَدْ لَهَا مَوْضِعٌ؛ وَإِنَّمَا يُعْطَى مَنْ لاَ يَعْرِفُ لِيُرَغَّبَ فِي الدِّينِ فَيَثْبُتُ عَلَيْهِ. فَأَمَّا الْيَوْمَ فَلاَ تُعْطِهَا أَنْتَ وَأَصْحَابُكَ إِلاَّ مَنْ يَعْرِفُ، فَمَنْ وَجَدْتَ مِنْ هَؤُلاَءِ الْمُسْلِمِينَ عَارِفاً فَأَعْطِهِ دُونَ النَّاسِ. سَهْمُ الْمُؤَلَّفَةِ قُلُوبُهُمْ وَسَهْمُ الرِّقَابِ عَامٌّ، وَالْبَاقِي خَاصٌّ

O Zurarah, if the Imam gives only to those who recognize (loyalty to him) and deprives those who do not, then these funds will not find people to receive them! The Imam gives also to those who do not recognize (loyalty to him) so as to attract them to this faith and so that they embrace it firmly. However, you and your acquaintances should give only to those who recognize. Hence, if you find such people among Muslims, you may give them rather than others. The shares of those whose hearts have inclined towards the truth (al-mu'allafah qulubuhum) and the share for the ransoming of captives (al-riqab) are common, while the other shares are restricted.

Zurarah asked, “What if we cannot find any of the mentioned groups?”

The Imam answered:

لاَ يَكُونُ فَرِيضَةٌ فَرَضَهَا اللهُ، عَزَّ وَجَلَّ، وَلاَ يُوجَدُ لَهَا أَهْلٌ

Any duty that Almighty Allah has made incumbent must be practicable and there must be deserving individuals.

Zurarah asked, “What if the charity (of zakat) is not sufficient to cover the needs of recipients?”

The Imam’s answer is already cited on p. 31.

Rooted in this concept, the Ahl al-Bayt (‘a) instituted an economic directive that dealt with some of the needs of the individuals of the virtuous community. This directive bound the wealthy individuals of this community to pay zakat to the poor individuals of their community exclusively and defined the distribution of these funds.

Isma’il ibn Sa’d al-Ash’ari has reported that he asked Imam al-Ridha (‘a), “Is it possible to distribute zakat funds to those who do not recognize (loyalty to the Ahl al-Bayt)?”

The Imam (‘a) answered:

لاَ، وَلاَ زَكَاةُ الْفِطْرَةِ

Neither zakat funds nor zakat al-fitrah20 (can be distributed to them).21

®urays has reported that al-Mada’ini asked Imam al-Baqir (‘a), “There is a portion of the zakat that we pay from our money. Who should we give it to?”

The Imam answered:

فِي أَهْلِ وِلاَيَتِكَ

Give it to the people of your faith.

Al-Mada'ini said, “I am living in a country where no one of my faith lives.”

The Imam (‘a) instructed:

إِبْعَثْ بِهَا إِلَى بَلَدِهِمْ تُدْفَعُ إِلَيْهِمْ، وَلاَ تَدْفَعْهَا إِلَى قَوْمٍ إِذَا دَعَوْتَهُمْ غَداً إِلَى أَمْرِكَ لَمْ يُجِيبُوكَ، وَكَانَ وَاللهِ الذَّبْحُ

You may send these funds to a country where people of your faith live. Do not pay them to people who will not respond to you if you call them to your faith and may even slay you!22

To reconcile these traditions with the previously cited report of Zurarah and Muhammad ibn Muslim, it seems that this special and restricted instruction was a local decision that the Ahl al-Bayt (‘a) took on the strength of their recognition of the common interests of the virtuous community within their surroundings but not a law that is found in original Islamic legislation. However, Almighty Allah knows best.

At the same time, this decision stands for a policy that must be observed at all times according to the general rule of “the nearer, the worthier.”

Nevertheless, there are some exceptions, as shown in the following tradition:

Ya’qub ibn Shu’ayb al-Haddad has reported that he asked the Righteous Servant (i.e. Imam al-Kazim (‘a)), “What should one of our creed who lives in a remote region do with the funds of the zakat that he must pay?”

The Imam (‘a) answered:

يَضَعُهَا فِي إِخْوَانِهِ وَأَهْلِ وِلاَيَتِهِ

He must distribute them on his brethren-in-faith and followers of his belief.

The reporter asked, “What if he cannot find such people?”

The Imam (‘a) answered:

يَبْعَثُ بِهَا إِلَيْهِمْ

He may send them the funds.

The reporter asked, “What if he cannot find any means to transfer these funds to them?”

The Imam (‘a) answered:

يَدْفَعُهَا إِلَى مَنْ لاَ يَنْصِبُ

He may then distribute the funds among those known for bearing no hostility (against the Ahl al-Bayt).

The reporter asked, “What if these cannot be found either? Should he pay others?”

The Imam (‘a) answered:

مَا لِغَيْرِهِمْ إِلاَّ الْحَجَرُ

The others’ share is nothing but stones!23

‘Ubayd ibn Zurarah has reported that he asked Imam al-Sadiq (‘a), “A man of our faith paid the zakat funds to unworthy people for a considerable time, but later he found worthy recipients. Should he again pay the former funds to the worthy people?”

The Imam (‘a) answered:

“Yes, he should.”

The reporter asked, “What if a person had not found worthy recipients and, therefore, had not paid zakat, or he had not known that it was obligatory upon him to pay but came to know recently?”

The Imam (‘a) answered:

يُؤَدِّيهَا إِلَى أَهْلِهَا لِمَا مَضَى

He must pay all the previous to worthy people.

The reporter asked, “What if he could not find worthy people and paid his zakat to unworthy people, but after investigation he concluded that he was wrong (about them being unworthy)?”

The Imam (‘a) answered:

لَيْسَ عَلَيْهِ أَنْ يُؤَدِّيَهَا مَرَّةً أُخْرَى

In this case, he is not liable to pay it once more.24

In the light of these traditions, we can conclude that this procedure is one of the clear-cut distinguishing attitudes of the Ahl al-Bayt (‘a) on the issue of zakat - an attitude that ensures the virtuous community an important financial resource.

Supervision of Zakat Funds

In accordance with the procedures of the Islamic state, supervision of the zakat funds was done by the Muslim ruler.25 It is not improbable that this was enacted in the original Islamic legislation, since the supervision of the zakat funds entails giving the poor a part of the fortunes of the rich, transferring these funds to their beneficiaries or spending them in doctrinally defined fields; therefore, it must be carried out by the ruler of the Islamic state who collects these taxes, just as the Holy Prophet (S) and the caliphs used to do.

The problem is that the majority of so-called Islamic governments throughout history have been illegitimate and, according to the Ahl al-Bayt (‘a), not suited to supervise the zakat funds for reasons too numerous to be mentioned in this discussion.26

Consequently, the followers of the Ahl al-Bayt (‘a) encountered a problem:

The illegitimate ruling authorities would collect the zakat and not leave the option for the payers to distribute it themselves to worthy recipients. The followers of the Ahl al-Bayt (‘a) were not sure as to whether it was correct or not to pay their zakat to these unjust ruling authorities. If this payment were mandatory but at the same time would not discharge the religious responsibility, would it then be obligatory to pay these taxes once more (putting additional economic pressure on the virtuous community)?

To remove this legal problem, the Ahl al-Bayt (‘a) offered the following solution:

They advised their followers not to pay the governmental tax collectors to the extent possible so that they could carry out their religious duty themselves with the remaining amount. In the event that they could not escape payment because of political or social circumstances (the necessity to practice taqiyyah), they were permitted to pay it to the governmental officials.

The Ahl al-Bayt (‘a) delegated the assessment of the situations to the owners of the taxable funds and determined that payment under such circumstances would fulfill the religious responsibility of the payers, justifying this action with the concept that although such governments might be unqualified for supervision of religious taxes, they are still Muslims. In addition, the Ahl al-Bayt (‘a) wanted the virtuous community to associate and coexist under this Islamic rule within the Muslim society lest they, in the case that they refrain from defraying the zakat funds to the government tax collectors, become exposed to additional political or economic pressure - which they certainly did not want.

In a set of traditions, this solution has been discussed and explained.

According to the authentic report of Ya’qub ibn Shu’ayb, which has been recorded by Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Saduq, in man-la-yahdhuruhu’l-faqih, the reporter asked Imam al-Sadiq (‘a) whether ‘ushur tithes27 that are taken as taxes are or are not accounted as zakat.

The Imam (‘a) answered:

“They are so accounted, God willing.”

According to another authentic narration of al-’Ays ibn al-Qasim that is reported by Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam and al-Istibsar, Imam al-Sadiq (‘a) said the following about the zakat tax:

مَا أَخَذُوا مِنْكُمْ، بَنُو أُمَيَّةَ، فَاحْتَسِبُوا بِهَا وَلاَ تُعْطُوهُمْ شَيْئاً مَا إسْتَطَعْتُمْ، فَإِنَّ الْمَالَ لاَ يَبْقَى عَلَى هَذَا أَنْ يُزَكِّيَهُ مَرَّتَيْنِ

As for anything that is taken from you (as zakat) by the ruling authorities of the Umayyads, you may account it as zakat. However, try to give them as little as you can. It is not feasible to pay zakat for the same money twice.

According another authentic report of Sulayman ibn Khalid that is also reported by Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam and al-Istibsar, Imam al-Sadiq (‘a) said:

إِنَّ أَصْحَابَ أَبِي أَتَوْهُ فَسَأَلُوهُ عَمَّا يَأْخُذُ السُّلْطَانُ، فَرَقَّ لَهُمْ، وَإِنَّهُ لَيَعْلَمُ أَنَّ الزَّكَاةَ لاَ تَحِلُّ إِلاَّ لأَِهْلِهَا، فَأَمَرَهُمْ أَنْ يَحْتَسِبُوا بِهِ، فَجَالَ فِكْرِي، وَاللهِ، لَهُمْ، فَقُلْتُ لَهُ: يَا أَبَه، إِنَّهُمْ إِنْ سَمِعُوا إِذاً لَمْ يُزَكِّ أَحَدٌ. فَقَالَ: يَا بُنَيَّ، حَقٌّ أَحَبَّ اللهُ أَنْ يُظْهِرَهُ

His companions came to my father and queried about the taxes that were being levied by the ruling authorities. My father sympathized with them even though he knew that zakat was illegitimate if not paid to worthy beneficiaries. Still, he ordered them to account it as their zakat. I thought considerably about the question for their sake and then said to my father, “If they hear this ruling, none will give alms (or pay zakat).” My father replied, “Son, this is a right that Almighty Allah likes to make manifest.”28

Derelict Lands

Derelict lands29 are uncultivated and uninhabitable lands forsaken because of a dearth of water, waterlogging, salinity, dense brush, or any natural barrier to benefit.

The Imamiyyah Shi’ah scholars believe that such lands are basically owned by the Imam of each age because they are anfal (windfalls), which have been specified in the following holy verse as being owned by Almighty Allah and the Holy Prophet (S):

يَسْأَلُونَكَ عَنِ الْأَنفَالِۖ قُلِ الْأَنفَالُ لِلَّهِ وَالرَّسُولِۖ فَاتَّقُوا اللَّهَ وَأَصْلِحُوا ذَاتَ بَيْنِكُمْۖ وَأَطِيعُوا اللَّهَ وَرَسُولَهُ إِن كُنتُم مُّؤْمِنِينَ

They ask you about windfalls (anfal). Say: Windfalls are for Allah and the Messenger. So be careful of (your duty to) Allah and set aright matters of difference among yourselves, and obey Allah and His Messenger if you are believers. (8:1)

The Imam, being the legal successor of the Holy Prophet (S) and his representative, enjoys all his rights of leadership and supervision. Many traditions, some of which have openly declared the Imam’s ownership of such properties (anfal), indicate this ownership. For instance, in an authentic narration that is reported by Shaykh al-Kulayni, in Usul al-Kafi, Hafs ibn al-Buhtari reports Imam al-Sadiq (‘a) as saying:

الأَنْفَالُ مَا لَمْ يُوجَفْ عَلَيْهِ بِخَيْلٍ وَلاَ رِكَابٍ، أَوْ قَوْمٌ صَالَحُوا، أَوْ قَوْمٌ أَعْطَوْا بِأَيْدِيهِمْ، وَكُلُّ أَرْضٍ خَرِبَةٍ وَبُطُونُ الأَوْدِيَةِ فَهُوَ لِرَسُولِ اللهِ، صَلَّى اللهُ عَلَيْهِ وَآلِهِ، وَهُوَ لِلإِمَامِ مِنْ بَعْدِهِ يَضَعُهُ حَيْثُ يَشَاءُ

Windfalls (anfal properties) include estates towards which neither horse nor riding camel are pressed forward,30 estates that are gained due to reconciliation or gift, any useless land, and the bottoms of valleys - all these are owned by the Holy Prophet (S) and then by the Imam, who has the right to use them as he determines.31

In Tahdhib al-Ahkam, Shaykh al-Tusi has reported Muhammad ibn Muslim to have said that he heard Imam al-Baqir (‘a) saying:

الْفَيْءُ وَالأَنْفَالُ مَا كَانَ مِنْ أَرْضٍ لَمْ يَكُنْ فِيهَا هَرَاقَةُ الدِّمَاءِ، وَقَوْمٌ صُولِحُوا وَأَعْطَوْا بِأَيْدِيهِمْ، وَمَا كَانَ مِنْ أَرْضٍ خَرِبَةٍ أَوْ بُطُونِ أَوْدِيَةٍ فَهُوَ كُلُّهُ مِنَ الْفَيْءِ. فَهَذَا للهِ وَلِرَسُولِهِ، فَمَا كَانَ للهِ فَهُوَ لِرَسُولِهِ يَضَعُهُ حَيْثُ شَاءَ، وَهُوَ لِلإِمَامِ بَعْدَ الرَّسُولِ

The fay’ and anfal are lands which have been seized without bloodshed, lands given as gifts due to a reconciliation contract with their owners, all useless lands, and valley floors - all these are regarded as fay’ properties and they are owned by Almighty Allah and His Messenger (S). The Messenger (S) has the right to do whatever he wills with properties that are owned by Almighty Allah. After the Messenger (S), the Imam has the right to make use of these properties.32

Generally, Muslim jurisprudents have determined such derelict lands to be legitimate for common use, just like the water of rivers and oceans, fish, birds and sand that can be owned privately only by means of control or seizure.

For that reason, the followers of the Ahl al-Bayt (‘a), who represent the virtuous community, had to face a real problem concerning their economic activities in this vital and important field. When they wanted to invest time in or make use of a derelict land, the ruling authorities did not interfere because the authorities had no reason to ban processes of utility and investment in these lands since they themselves considered them to be legitimate for common use.

However, the followers of the Ahl al-Bayt (‘a) faced a problem related to the religious ruling regarding use of such lands which the Ahl al-Bayt (‘a) included with anfal properties that are legitimately owned by the Imam; therefore, to invest in or use such lands required permission of the Imam.

However, this matter has been solved and such permission, which seems to be local (i.e. restricted) permission, was declared by the Holy Prophet (S) not disregarding the fact that such lands are before all else owned by the Imam. Following the course adopted by the Holy Prophet (S) the Holy Imams (‘a) also gave their followers and other Muslims permission to develop these lands.

In his book of Tahdhib al-Ahkam, Shaykh al-Tusi, through an authentic chain of authority, has reported Imam al-Baqir (‘a) as saying:

أَيُّمَا قَوْمٍ أَحْيَوْا شَيْئاً مِنَ الأَرْضِ أَوْ عَمَرُوهَا فَهُمْ أَحَقُّ بِهَا

Any people who cultivate or improve any area of land are the worthiest to own it.33

According to another authentic tradition, Shaykh al-Kulayni, in al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam and al-Istibsar, have also reported Imam al-Baqir (‘a) and Imam al-Sadiq (‘a) as quoting the Holy Prophet (S) to have said:

مَنْ أَحْيَا أَرْضاً مَوَاتاً فَهِيَ لَهُ

Whoever cultivates a derelict land possesses it.34

Scholars of the Ahl al-Bayt (‘a) school, however, have disagreed about the significance of this permission. According to the opinion of some Shi’ite scholars, this permission entails that investment in or cultivation of an area of land results in the investor or the cultivator owning that land. Other scholars have argued that this broad permission gives the investor or the cultivator a right to use that land, but the ownership of the land is still in the hand of the Imam.35 The following authentic tradition, which has been reported by Shaykh al-Tusi in Tahdhib al-Ahkam and Shaykh al-Kulayni in al-Kafi, supports the latter opinion:

‘Umar ibn Yazid has reported that Musmi’ ibn ‘Abd al-Malik delivered some money to Imam al-Sadiq (‘a) but the Imam refused to accept it from him. I met Musmi’, at al-Madinah, and asked him the reason. He narrated:

During my meeting with him, I said to the Imam (‘a), “In Bahrain, I worked as a diver and extracted items from the sea worth four hundred thousand dirhams. As a consequence, I have brought eighty thousand dirhams as the Khums (one-fifth tax) of my gain. I do not wish to withhold this amount from you; therefore, I am offering it to you because it is your right that Almighty Allah has made obligatory from our wealth.”

The Imam (‘a) answered:

أَوَمَا لَنَا مِنَ الأَرْضِ وَمَا أَخْرَجَ اللهُ مِنْهَا إِلاَّ الْخُمْسُ، يَا أَبَا سَيَّارٍ؟ إِنَّ الأَرْضَ كُلَّهَا لَنَا، فَمَا أَخْرَجَ اللهُ مِنْهَا مِنْ شَيْءٍ فَهُوَ لَنَا

Abu-Sayyar, is our share from our lands and their extracts only one-fifth? Verily, the entire land is ours and whatever thing that Almighty Allah allows to be extracted from it is also ours.

I said, “I have the entire amount with me and I offer it to you.”

The Imam (‘a) replied:

يَا أَبَا سَيَّارٍ، قَدْ طَيَّبْنَاهُ لَكَ وَأَحْلَلْنَاكَ مِنْهُ، فَضُمَّ إِلَيْكَ مَالَكَ. وَكُلُّ مَا فِي أَيْدِي شِيعَتِنَا مِنَ الأَرْضِ فَهُمْ فِيهِ مُحَلَّلُونَ حَتَّى يَقُومَ قَائِمُنَا فَيَجْبِيهِمْ طَسْقَ مَا كَانَ فِي أَيْدِيهِمْ، وَيَتْرُكَ الأَرْضَ فِي أَيْدِينَا. وَأَمَّا مَا كَانَ فِي أَيْدِي غَيْرِهِمْ فَإِنَّ كَسْبَهُمْ مِنَ الأَرْضِ حَرَامٌ عَلَيْهِمْ حَتَّى يَقُومَ قَائِمُنَا، فَيَأْخُذَ الأَرْضَ مِنْ أَيْدِيهِمْ وَيُخْرِجَهُمْ صَغَرَةً

Abu-Sayyar, I now declare our property as valid and legitimate for you. You can now add it to your money. Everything from the lands that is obtained by our Shi’ah is lawful to them to own until the uprising of the Rising Imam (the Mahdi). He will then levy from them land tributes and leave the lands at their disposal. As for others (i.e. non-Shi’ah), all that which is possessed by them and all their gains therefrom are illegitimate up to the uprising of our Rising Imam. He will then take these lands from them and dismiss them with humiliation (empty-handed).36

Annexed Lands

Annexed lands are cultivated lands owned by polytheists or Scripturists that Muslims had seized through conquests, or lands that were cultivated or mortmained by the Islamic state for the common interests of Muslims.

Islamic authorities would treat such lands as being possessed by all Muslims and managed by the Islamic state. These lands were often developed by Scripturists or others who converted to Islam afterwards. They would pay tributes to the Islamic state on such lands that were either definite amounts of money called kharaj (land tribute) or a percentage of the yields. The Islamic government would distribute this tribute for the welfare of Muslims.

As previously cited, during the first period of Islam, after 11 A.H, a question concerning such lands was raised. Some believed that the lands should be distributed among the warriors who participated in the conquest, while others adopted other opinions. The second caliph, with the help of Imam ‘Ali (‘a), solved the problem by deciding that all such lands should be owned by all Muslims, and this method was used for the lands of Iraq.37

Thus, the Ahl al-Bayt’s traditions on this issue correspond with this decision by which Muslim rulers abided.

In Tahdhib al-Ahkam, Shaykh al-Tusi, through an authentic chain of authority, has reported that Muhammad al-Halabi asked Imam al-Sadiq (‘a) about the ruling on the lands of Iraq. The Imam (‘a) answered:

هُوَ لِجَمِيعِ الْمُسْلِمِينَ؛ لِمَنْ هُوَ الْيَوْمَ وَمَنْ يَدْخُلُ فِي الإِسْلاَمِ بَعْدَ الْيَوْمِ وَلِمَنْ لَمْ يُخْلَقْ بَعْدُ

They are for all Muslims, including those who will convert to Islam in the future and Muslims who have not been born yet.

The reporter asked, “What is the ruling on purchasing lands from non-Arab chiefs of peasants?”

The Imam (‘a) answered:

لاَ يَصْلُحُ إِلاَّ أَنْ يَشْتَرِيَ مِنْهُمْ عَلَى أَنْ يُصَيِّرَهَا لِلْمُسْلِمِينَ، فَإِنْ شَاءَ وَلِيُّ الأَمْرِ أَنْ يَأْخُذَهَا أَخَذَهَا

It is illegal for anyone to do so unless those who purchase such lands dedicate them to all Muslims commonly. Then, the legal (religious) authority has the right to take them, if he wishes.

The reporter asked, “If the legal authority takes them, what should he give in compensation?”

The Imam (‘a) answered:

يَرُدُّ إِلَيْهِ رَأْسَ مَالِهِ، وَلَهُ مَا أَكَلَ مِنْ غِلَّتِهَا بِمَا عَمِلَ

He (i.e. the legal authority) may give the purchaser back his capital and allow him (a share) in the yields that he produces in return for his work.38

There is no real problem in the issue of annexed lands except the question of whether payment to unjust rulers is or is not considered payment to the legal religious authority. As clarified by this tradition and the conduct of the companions of Holy Imams (‘a), such payment releases a person from religious liability. These lands were marked and recorded in the official records of the government of that time; therefore, it was inescapable to pay their tribute to the ruling authorities.

Private and Public Awqaf

Waqf39 is considered vital in the Islamic economic concept, because it contributes fundamentally to the distribution of fortunes and prevents accumulation of wealth, on the one hand, and organizes spending of wealth by directing it towards the common interests of Muslims, on the other. Furthermore, waqf represents one of the resources of common expenditure of the Islamic state and nurtures its welfare programs for the poor and the needy.

Waqf was one of the common regulations or laws of Islam by which Muslims and the Islamic state abided. An endower of a waqf used to be granted authority to specify his/her private stipulations and direct the method of utility of that waqf in the most suitable way he/she might see fit.

Making use of this common Islamic financial resource to supply the virtuous community with financial aid, the Ahl al-Bayt (‘a) endowed many of their assets as waqf. Such charitable endowments have been reported from the Holy Prophet, Imam ‘Ali, Lady Fatimah, and the rest of the Holy Infallibles, peace be upon them, as an ongoing practice that history has left no Imam (‘a) without mentioning a number of his contributions of designating properties as waqf. More specifically, Imam ‘Ali Amir al-Mu'minin and Imam al-Kazim (‘a) are known for their vast activities in this field. This may be because these two Imams (‘a) had more opportunities than the other Infallibles (‘a) to do so.

Imam al-Ridha (‘a) has reported that the Holy Prophet (S) endowed as waqf the Seven Walls (i.e. orchards); namely, al-dalal, al-’awaf, al-husna, al-safiyah, mali-ummi-ibrahim, al-manbat, and Barqah.40

Sharif al-Radhi has recorded in Nahj al-Balaghah that Imam ‘Ali (‘a), immediately after the Battle of Siffin, endowed his property as waqf in a will.41

Imam Muhammad al-Baqir (‘a) is reported to have said that Lady Fatimah al-Zahra' (‘a) endowed her property as waqf and made Imam ‘Ali (‘a) the custodian.42

Shaykh al-Kulayni, Shaykh al-Saduq, and Shaykh al-Tusi have reported a detailed precept on waqf from Imam Musa al-Kazim (‘a).43

Having attracted attention to the significance of waqf in improving the financial conditions of the virtuous community, the Holy Imams of the Ahl al-Bayt (‘a) persuaded their followers to involve themselves in such charitable deeds in order to gain great rewards. In authentic traditions reported from them, waqf is connected to two matters of great importance in man’s life: first, true guidance and exemplary tradition and, second, a righteous son who benefits his parents and the people.

Husham ibn Salim has reported Imam al-Sadiq (‘a) as saying:

لَيْسَ يَتْبَعُ الرَّجُلَ بَعْدَ مَوْتِهِ مِنَ الأَجْرِ إِلاَّ ثَلاثُ خِصَالٍ: صَدَقَةٌ أَجْرَاهَا فِي حَيَاتِهِ فَهِيَ تَجْرِي بَعْدَ مَوْتِهِ، وَسُنَّةُ هُدىً سَنَّهَا فَهِيَ يُعْمَلُ بِهَا بَعْدَ مَوْتِهِ، أَوْ وَلَدٌ صَالِحٌ يَدْعُو لَهُ

Only three things reward man after his death: (1) a recurrent charitable deed that he established in his lifetime; thus, it continues after his death, (2) a course of true guidance that he established in his lifetime such that it is still activated after his death, and (3) a righteous son who prays for him.44

Mu’awiyah ibn ‘Ammar has reported that he asked Imam al-Sadiq (‘a), “What is attached to man after his death?”

The Imam (‘a) answered:

( مَا يَلْحَقُ الرَّجُلَ بَعْدَ مَوْتِهِ) سُنَّةٌ يُعْمَلُ بِهَا بَعْدَ مَوْتِهِ، فَيَكُونُ لَهُ مِثْلَ أَجْرِ مَنْ عَمِلَ بِهَا مِنْ غَيْرِ أَنْ يَنْقُصَ مِنْ أُجُورِهِمْ شَيْءٌ، وَالصَّدَقَةُ الْجَارِيَةُ تَجْرِي مِنْ بَعْدِهِ، وَالْوَلَدُ الطَّيِّبُ يَدْعُو لِوَالِدَيْهِ بَعْدَ مَوْتِهِمَا، وَيَحِجُّ وَيَتَصَدَّقُ وَيَعْتِقُ عَنْهُمَا، وَيُصَلِّي وَيَصُومُ عَنْهُمَا

(Rewards of the following deeds are linked to a person after his death:) An observance that is continued after a man’s death for which the dead man receives an equal reward to those who continue to observe his practice; a recurrent charitable deed that continues after his death; and a good son who prays for his parents after they have died and, on behalf of them, goes on Hajj pilgrimage, gives alms, manumits slaves, offers prayers, and observes fasting.

The reporter asked, “Is it acceptable to give my (dead) parents a share in my Hajj pilgrimage?”

The Imam (‘a) answered affirmatively.45

Complying with such instructions, waqf has become one of the common features in the general social and financial system of the virtuous community. Although it is common among other Muslims, the activity of waqf endowments is, to a great extent, practiced distinctively by the individuals of the virtuous community. This matter has therefore been discussed by the messages, known as tawqi’ (signed document), coming from Imam al-Mahdi (‘a) during his minor occultation.

Shaykh al-Saduq, in his book of Ikmal al-Din, has reported from Abu’l-Husayn Muhammad ibn Ja’far al-Asadi, a document signed by Imam al-Mahdi (‘a) involving several paragraphs about waqf, the last of which was the following statement:

وَأَمَّا مَا سَأَلْتَ عَنْهُ مِنْ أَمْرِ الرَّجُلِ الَّذِي يَجْعَلُ لِنَاحِيَتِنَا ضَيْعَةً وَيُسَلِّمُهَا مِنْ قَيِّمٍ يَقُومُ بِهَا وَيَعْمُرُهَا وَيُؤَدِّي مِنْ دَخْلِهَا وَخَرَاجِهَا وَمَؤُونَتِهَا، وَيَجْعَلُ مَا يَبْقَى مِنَ الدَّخْلِ لِنَاحِيَتِنَا، فَإِنَّ ذَلِكَ جَائِزٌ لِمَنْ جَعَلَهُ صَاحِبُ الضَّيْعَةِ قَيِّماً عَلَيْهَا. إِنَّمَا لاَ يَجُوزُ ذَلِكَ لِغَيْرِهِ

As for your question about the man who dedicates an orchard to us and appoints a custodian to manage and cultivate it, and pays religious dues from its income, tributes, and provisions and devotes the rest to us, the answer is that this is lawful only for the custodian appointed by the owner of the orchard, but unlawful for anyone else.46

In the Islamic law, the Ahl al-Bayt (‘a), according to the common social conditions of the virtuous community, have classified waqf into two categories: public and private.

Public Waqf is the endowment of property that is purposed to achieve the common interest of Muslims or the virtuous community, such as mosques, schools, Husayniyyahs, libraries, lands, arches, houses of residence for pilgrims, and the like.

Such endowments can include all people or be dedicated to the people of a certain country or a certain category. Yet, the purpose is still public even if it is dedicated to a certain group for the purpose of maintaining a certain status quo or because of deficiency in funds.

Private Waqf is the endowment of a property to the endower’s offspring; hence, this category of waqf is also called “lineal waqf.” It is spent on the private affairs of all of one’s offspring, such as residence, provisions, marriage, and other affairs.

As a result of such flexibility in spending and peculiarity in benefit, waqf has played a vital role building the virtuous community and in supporting its financial needs, similar to the role that khums played in improving the economic conditions of the virtuous community and in contributing to the establishment of foundations restricted to this community.

Due to such contribution, the public social life of the virtuous community has witnessed large properties endowed as waqf, including mosques, schools, Husayniyyahs, libraries, and other public services. In addition to private waqf, these endowments have acted as an important pillar in the economic structure of the virtuous community.

Notes

1. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:5, H. 8.

2. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:11, H. 3.

3. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:18, H. 3.

4. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:18, H. 5.

5. - In the current discussion, we do not intend to discuss this topic in detail and display the points of evidence according to Muslim jurisprudence; rather, we just bring up the jurisprudential result and try to explain it from an economic and political viewpoint in a probable mode.

6. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:3, H. 1.

7. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:34, H. 4.

8. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:36, H. 12.

9. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:48, H. 1.

10. - ‘Local authoritarian legislation’ (al-tashri’at al-sultaniyyah al-wila'iyyah) stand for laws and regulations that are enacted by the political authority or ruler as the guardian of Muslims to organize the social lives of Muslims. By virtue of the authority vested in him, the ruler implements the universal laws originally enacted by religious legislation and uses the latitude that is given by the Holy Legislator for the guardian to make decisions with the supreme interests of religion in mind. All such authority must be exercised within the framework of the general goals of legislation.

11. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:3, H. 2.

12. - Sa’ is a unit of mass or weight, usually used for grains; one sa’ is equal to approximately three kilograms.

13. - Qafiz is a unit of weight. Its value differs in each country; however, one qafiz is equal to approximately 26064 grams.

14. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:39, H. 1.

15. - 1 wasq = 60 sa’s.

16. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:41, H. 10.

17. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:41, H. 11.

18. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:50, H. 1.

19. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:46, H. 3.

20. - Zakat al-fitrah is a payment given after the termination of the obligatory fasting in Ramadhan, with certain conditions and regulations.

21. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:152, H. 1.

22. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:152, H. 3.

23. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:153, H. 7.

24. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:147, H. 1.

25. - According to reference books on local laws of Islam, there is a difference between funds designated as ‘visible funds’ which include produce and livestock, and those classified as ‘invisible funds’ such as savings, business investments, and the like. Supervision over visible funds is delegated to the Muslim ruler while payment of invisible funds is the responsibility of the payer of zakat. (Refer to Abu-Ya’li al-Farra' the Hanbalite scholar, al-Ahkam al-Sultaniyyah, pp. 115; al-Mawardi, al-Ahkam al-Sultaniyyah, pp. 113)

26. - This topic will be discussed in the coming book of Imamate and Religious Authority.

27. - ‘ushur is the proportion of zakat on produce. This word may also be used as zakat in general.

28. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:173-174, H. 1, 3, 4.

29. - As has been previously indicated, we do not aim at discussing this topic (usually mentioned with zakat) from a jurisprudential aspect and will not cite the specific points of evidence representing the various opinions here; rather, we only intend to display the general opinions in order to discuss the relationship between this topic and economic issues from the viewpoint of the Holy Imams of the Ahl al-Bayt (‘a) and the virtuous community.

30. - This is an indication of the following verse of the Holy Qur'an:

31.

وَمَا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْهُمْ فَمَا أَوْجَفْتُمْ عَلَيْهِ مِنْ خَيْلٍ وَلَا رِكَابٍ وَلَٰكِنَّ اللَّهَ يُسَلِّطُ رُسُلَهُ عَلَىٰ مَن يَشَاءُ ۚ وَاللَّهُ عَلَىٰ كُلِّ شَيْءٍ قَدِيرٌ

And whatever Allah restored to His Messenger from them you did not send forward towards it any horse or riding camel but Allah gives authority to His messengers against whom He pleases, and Allah has power over all things. (59:6)

- Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:364, H. 1.

32. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 6:368, H. 12.

33. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 17:326, H. 3.

34. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 17:327, H. 5.

35. - Refer to Martyr Ayatollah Muhammad Baqir al-Sadr, Iqtisaduna (Our Economy), 2:744, Appendix IV.

36. - Shaykh al-Kulayni, al-Kafi 1:408, H. 3.

37. - This historical fact has been mentioned by some researchers, such as ‘Ali ibn Muhammad al-Mawardi, in his book of al-Ahkam al-Sultaniyyah pp. 176. Although Sunni jurisprudents had various and diverse opinions about the question and its explanation, they generally agreed on applying this decision to the lands of Iraq at least.

38. - Shaykh al-Tusi, Tahdhib al-Ahkam 7:147, S. Laws of Lands, H. 1.

39. - An endowment made by a Muslim to a religious, educational, or charitable cause.

40. - Al-Himyari al-Qummi, Qurb al-Isnad, pp. 363, H. 1301; ‘Allamah al-Majlisi, Bihar al-Anwar 103: 183, H. 10 as quoted from the previous reference book.

The Seven Walls were the heritage of the Holy Prophet (S) who dedicated them to his daughter, Lady Fatimah al-Zahra, as private waqf.

41. - Nahj al-Balaghah, Epistle No. 24. The same has been recorded by Shaykh al-Kulayni, in Furu’ al-Kafi, and Shaykh al-Tusi, in Tahdhib al-Ahkam, with further details.

42. - Shaykh al-Tusi, Misbah al-Anwar, pp. 262; ‘Allamah al-Majlisi, Bihar al-Anwar 103:184-85, H. 13 as quoted from the previous reference book.

43. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 13:314, H. 5.

44. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 13:292, H. 1.

45. - Al-Hurr al-’Amili, Wasa'il al-Shi’ah 13:293, H. 4.

46. - Shaykh al-Saduq, Ikmal al-Din, pp. 530-531, H. 49; Shaykh al-Tabrisi, al-Ihtijaj 2:298-300; al-Majlisi, Bihar al-Anwar 53: 182-183, H. 11.


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