Chapter IV: Lawful and Unlawful
where the looted properties and properties gained by theft and dacoity are mixed with lawful properties. A buyer should not enquire about the legality or otherwise of the properties of the market. If however, it is disclosed that most of the properties of the market are unlawful , the enquiry becomes compulsory, otherwise not. The companions used to do it. They did not enquire except in doubtful cases. Hazrat Ibn Masud said : You are the inhabitants of such a town where there are the Magians also.
So look to the meats of sacrificed animals and the hides of dead animals : If most of the properties are unlawful, it is not lawful to take them. If the meat of a sacrificed animals is mixed with the meat of ten unsacrificed animals, it becames compulsory to give up the meat. Hazrat Ali said : Take what a ruler gives you as he generally gives from lawful things. Hazrat Ibn Masud was once asked by a man : Shall I take loan from a man whom I knew #e be a bad man ? Yes he replied. He was once asked by another : Shall I accept the invitation of a man who takes interest ? Yes he replied.
Hazrat Ali did not accept anything from the state treasury. He had only one wearing cloth and he had no other cloth even for his bath. Once Hazrat Abu Hurairah produced before the Caliph Omar abundant wealth of the state to which he enquired : Are these properties lawful ? In a similar way Hazrat Ali said : There is nothing dearer to God than the justice and kindness of a leader and nothing more ha teable than injustice and oppression of a leader.
SECTION 4
KNOWLEDGE OF LAWFUL AND UNLAWFUL THINGS
If any man has got in his possession unlawful things mixed with lawful things, he should adopt two means —
(1) To separate the unlawful things from the lawful things and (2) to know the modes of spending the lawful things. With regard to the first means, it has got two conditions — (a) mixture of lawful and unlawful things of the same kind, for instance crops, money oily things etc. (b) mixture of unlawful thing with a different kind of thing, such s dresses, houses etc. In such cases, quantity is either known or unknown. If for instance, half, of the thing is unlawful , it should be separated . It is lawful to keep doubtful thing but to give it up is better and piety. The repentance of a man is not accepted till the total income of a property taken by oppression is returned to the rightful owner.
Vol-II Halal and Haram 77
(b) The mode of spending unlawful things taken out of lawful things. It is compulsory to return the Unlawful things to the rightful owner and in his absence to his heirs. It is also compulsory to return the income and profits arising out of these properties to them. If the owner or his heirs are unknown, they may be given in charity to the poor.