Al-Baqarah: (188) And do not consume your wealth...

Verse 188

Know that they [the commentators] likened the Almighty's saying: {And do not consume your wealth among yourselves unjustly} to His saying: {O you who have believed, do not let one group of you ridicule another group} (Al-Hujurat: 11). This is contrary to it, because consuming one's own wealth wrongfully is permissible just as consuming the wealth of others is permissible.

Al-Sheikh Abu Hamid al-Ghazali stated in his book Al-Ihya' (The Revival of the Religious Sciences): Wealth is only forbidden due to a meaning inherent in its essence or a condition in the manner of its acquisition.

Know that wealth is either derived from minerals, plants, or animals.

As for minerals (parts of the earth), nothing from them is forbidden except in the sense that it harms when eaten, such as that which acts like poison.

As for plants, nothing from them is forbidden except that which removes life or health or intellect. That which removes life is poison. That which removes health is medicine taken out of its proper time. That which removes the intellect is wine, hashish, and all other intoxicants.

As for animals, they are divided into those that are permissible to eat and those that are not. What is permissible is only permissible if slaughtered according to the prescribed Islamic manner (Dhabh Shar'i). Even when slaughtered, not all parts of it become lawful; rather, the stomach contents (al-furth) and blood are forbidden. All of this is mentioned in the books of Fiqh (Jurisprudence).

We say: Acquiring wealth is either by the choice of the owner or without his choice, such as inheritance. That which is acquired by choice is either taken from the owner (like extracting minerals) or taken from the owner by force or by mutual consent.

That which is taken by force is either due to the removal of the sanctity of ownership (like spoils of war, ghanā'im) or due to the right to take it (like Zakat from those who refuse to pay, or obligatory maintenance payments they owe).

That which is taken by mutual consent is either taken in exchange (like sale, dowry, or rent) or taken without exchange (like a gift or a bequest).

From this division, six categories emerge:

1. That which is taken from a non-owner: Such as obtaining minerals, reviving barren land, hunting, gathering firewood, drawing water from rivers, and gathering fodder. This is lawful provided that what is taken is not exclusively reserved for a person of sanctity among humans.
2. That which is taken by force from one who has no sanctity: This is Fay' (public revenue), spoils of war (Ghanā'im), and the wealth of warring disbelievers. This is lawful for Muslims if they set aside the Khums (one-fifth), divide it justly among the deserving, and did not take it from a disbeliever who possessed sanctity, protection, or a covenant.
3. That which is taken by force due to a rightful claim when the debtor refuses: This is taken without his consent. This is lawful if the cause of the right is established, the description of the claimant is verified, and the taking is limited to the amount rightfully due.
4. That which is taken by mutual consent in exchange: This is lawful if the conditions of the two considerations (the exchanged items), the conditions of the contracting parties, and the conditions of the utterances (i.e., offer and acceptance) recognized by Sharia are observed, while avoiding invalidating conditions.
5. That which is taken by consent without exchange: As in a gift, bequest, or charity, provided the conditions of the subject matter, the contracting parties, and the contract are observed, and it does not result in harm to an heir or others.
6. That which is acquired without choice: Such as inheritance. This is lawful if the deceased acquired the wealth through one of the five preceding means in a lawful manner, and this occurs after settling debts, executing bequests, fairly dividing the estate among heirs, and paying obligatory Zakat, Hajj, and expiations, if due.

These encompass the sources of lawful wealth. Every acquisition conforming to these is lawful wealth, and everything contrary to them is forbidden.

Once you know this, we say: Wealth is either someone else's or one's own. If it belongs to someone else, its prohibition is due to the six mentioned reasons. If it is one's own, consuming it unlawfully means spending it on wine, fornication, sodomy, gambling, or excessive, forbidden extravagance. All these categories fall under the saying: {And do not consume your wealth among yourselves unjustly}.

Know that the Almighty repeated this prohibition in several places in His Book:

• {O you who have believed, do not consume your wealth among yourselves unjustly except as [it be] trade by mutual consent} (An-Nisa': 29).
• {Indeed, those who devour the property of orphans unjustly...} (An-Nisa': 10).
• {O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers} (Al-Baqarah: 278).
• Then He said: {And if you do not, then be informed of a declaration of war from Allah and His Messenger}.
• Then He said: {And if you repent, you may have your principal} (Al-Baqarah: 279).
• Then He said: {But whoever returns [to that practice], those are the companions of the Fire, they will abide therein eternally} (Al-Baqarah: 275).

He made the consumer of usury initially one who is declared war against by Allah, and in the end, one exposed to the Fire.

The saying {And do not consume} does not specifically mean eating. Other transactions are included in the ruling of consumption in this context. However, since the primary purpose of wealth is consumption, it became customary to say that one "ate" their wealth when referring to spending it. For this reason, Allah the Exalted referred to it as eating.

{Unjustly} (bil-bāṭil) in language means that which vanishes and passes away. It is said: Batal al-shay'u butūlan, so it is bāṭil. The plural of bāṭil is abāṭīl. It is also said: Batala al-ajīr (butālah) when he becomes idle and follows amusement.

Regarding His saying: {and give bribes to the judges}

There are several issues concerning this:

Idlā' (giving/presenting) is derived from idlā’ al-dalw (lowering the bucket), which is sending it down into the well to draw water. It is said: Adlaytu dalwī udlīhā idlā’an (I lowered my bucket, lowering it down). When you draw it out, you say dalawtuhā. Allah the Exalted said: {Then he cast down his bucket} (Yusuf: 19).

Then, every casting of a statement or an action is called idlā’. From this, it is said that a claimant adla bi-ḥujjatihi (presents his evidence), as if he is sending it forth to reach his objective, like the one drawing water sends down the bucket to reach his desired water. And so-and-so yudlī (is related) to the deceased by kinship or lineage if he traces his ancestry to him, seeking inheritance through that relation, just as the one drawing water seeks water.

Once you know this, we say: This action is included under the prohibition. The meaning is: {And do not consume your wealth among yourselves unjustly, and do not present [it] to the judges}, meaning, do not bribe them so that you may unjustly consume a portion of the wealth of people.

There are two interpretations regarding the comparison of bribery to idlā’:

1. Bribery is the rope (rishā’) of need. Just as a bucket filled with water reaches from afar to near by means of the rope, the distant objective becomes near because of the bribe.
2. The judge, by accepting the bribe, proceeds with that ruling without proper verification, just as the bucket proceeds in its descent once lowered.

Moreover, the commentators mentioned several interpretations:

1. Ibn Abbas, Al-Hasan, and Qatadah said: It refers to deposits (wadi’ah) and that which lacks clear proof.
2. It refers to the wealth of orphans, where guardians give some of it to the judge so that the rest remains with them.
3. The term al-ḥukkām (judges) refers to false testimony, which is the view of Al-Kalbī.
4. Al-Hasan said: It refers to swearing an oath to take away someone's right.
5. It means giving a bribe to the judge, which is closest to the apparent meaning. It is also possible to interpret the word to encompass all these meanings, as all of them constitute consuming wealth unjustly.

Regarding His saying: {while you know}

The meaning is: while you know that you are acting wrongfully. There is no doubt that proceeding with an ugly act while knowing its ugliness is more reprehensible, and its perpetrator is more deserving of reprimand.

It is narrated from Abu Hurayrah (may Allah be pleased with him) that two men brought a dispute before the Prophet (peace be upon him): one knowledgeable in litigation and one ignorant of it. The Messenger of Allah (peace be upon him) ruled in favor of the knowledgeable one. The one against whom the ruling was made said: "By the One in Whose Hand is my soul, I am truthful!" The Prophet (peace be upon him) said: "If you wish, we can repeat it." They repeated it, and the Prophet (peace be upon him) ruled in favor of the knowledgeable one again. The ruled-against person said the same thing as before. He repeated it a third time, and the Prophet (peace be upon him) said: "Whoever unjustly takes the right of a Muslim through litigation, he is only taking a piece of the Fire." The one who won the case said: "O Messenger of Allah, his right is indeed his right!" The Prophet (peace be upon him) replied: "Whoever takes [another's right] through his litigation, and he finds for himself a right other than his own, let him take his seat in the Fire."

The Ninth Ruling

{They ask you about the new moons. Say, "They are measurements of time for the people and for the Hajj." And it is not righteousness that you approach houses from their backs, but righteousness is [that of] one who fears Allah. And approach houses from their doors. And fear Allah that you may succeed.}