Aslam

(2) Second kind — unlawful things by earnings: There are two kind of earning — what is taken willingly or unwillingly and what comes to the owner spontaneously. What is taken willingly or unwillingly are of two kinds, (a) One kind is what is taken without the knowledge of the owner, such as minerals underneath the ground. Another kind is what is taken from the owner himself. The latter is of two kinds. (1) What is taken by force from him, (2) and what is taken with his permission.
What is taken by force is again of two kind — (a) what is taken from the maintenance and care of the owner, such as quadrupeds, (b) what is taken from him by virtue of power of the ruling authorities, such as Zakat and other economic liabilities.. What is taken with the permission of the owner is of two kinds — (a) What is taken from him in exchange, such as buy and sale, dower, wages, and what is not taken in exchange, such a gift, waist. Thus the things of earnings are of six kinds.

(1) To become owner of the things of which there is no owner, such as minerals, to make barren land fertile, to gather fuels and woods from jungles, to take water from river, to take grass, etc.
To take these things are lawful provided there is no owner of these things.

66 The Book of Wordly Usages Vol-II

(2) What is taken by force and what is not prohibited are the properties gained after battle and without actual battle. They are lawful for all Muslims when one-fifth is taken out from the war booties and divided justly among those who are entitled to them.
It is unlawful to take booty from those unbelievers with whom there is treaty.

(3) What can lawfully be taken by force inspite of prohibition of the owner, such as Zakat . It can only be taken by the ruling authorities. (4) What is taken in exchange of things with the consent of the owner is lawful, such as buy and sale transactions.
(5) What is taken simply with permission without exchange of things, such as gifts, will, etc. is lawful. (6) What comes spontaneously in possessions, such as properties by inheritance after deduction of necessary expense — such as funeral expenses, death instructions by will or otherwise, expenses of expiations of religious duties, expenses of pilgrimage, etc. They are lawful.

DIFFERENT STAGES OF HALAL AND HARAM

Know, O dear readers, that every thing unlawful is bad, but there are different stages of illegality of things of which one is worse than another. All lawful things are good and there are different stages of legality therein and one thing is better than another . There are four stages of legality of things.

(1) First stage is lowest and it is forbearance of just and ordinary Muslims. It is to save oneself from the unlawful things prescribed by Shariat. This is the lowest stage of piety.