Chapter IV: Lawful and Unlawful
(3) Third place of doubt: Any sin found in any cause making a thing lawful relates to the thing itself, or to its end, or to its beginning or to another thing in exchange of the thing, but it is not such a sin which nullifies an agreement or any cause which makes a thing lawful. Sin relating to a thing itself is, for instance, buy and sale after Azan for Jumma prayer, cutting wood by a stolen axe, selling over the sale of another. These are not unlawful things. Sin relating to the end of a thing ts ati extravagant expenses which show the path towards sin, for instance, to sell grapes to those who prepare wine, to sell instruments to dacoits. There is difference of opinion among the jurists whether these are lawful or unlawful. Sin relating to the beginning of a thing relates to three stages-highest, middle and lowest. The most detestable is to eat the meat of a goat which has eaten then the grass taken illegally. The less detestable than the former is not to use water of a canal dug by a tyrant. Still less detestable is to restrain oneself from lawful thing that has come through the hand of a tyrant. Sin relating to a thing of exchange has got also different stages-highest, middle and lowest. The most detestable is to purchase a thing on credit and to pay its price by unlawfully acquired money. The less detestable is to givegrapes to a drunkard, to give instruments to a dacoits in lieu of price. The least detestable is to accept the price of a n unlawful thing, such as wine.
(4) Fourth place of doubt: This arises out of diversity of proofs of Shariat in order to distinguish between a lawful thing and unlawful thing. This doubt is of three kinds — (1)
contradictory proofs of Shariat, (b) contradictory signs, (c) and constradictory doubts. With regard to the first, the verses of the Quran or the sayings of the Prophet contradict each other. This creates doubt in mind. In this case, what is strong prevails and if any proof does not become strong, it reverts to its original proof.
If illegality of a thing is not strong, it becomes lawful. If there is doubt, it is better for piety to give it up and it is the subject matter
Vol-II Halal and Haram 73
of dispute between jurists and theologians. It is better to accept the opinion of a Mufti who is well-known in a locality for learning and piety, just as it is better to go to a physician who is well-known in a locality for his knowledge of medical science. If the theologians are unanimous with regard to a certain question, all should accept it. If any proof of legality of a thing is not strong, he should better give it up. There are three stages with regard to this matter.