The words of the Almighty, "Those who reject Allah after having believed Ð except for someone forced to do it whose heart remains at rest in its belief Ð but those whose breasts become dilated with unbelief, anger from Allah will come down on them. They will have a terrible punishment." (16:106)

He also says, "...unless it is because you are afraid of them." (3:28) That is taqiyya.

And He also says, "The angels ask those they take while they are wronging themselves, 'What were your circumstances?' They reply, 'We were oppressed on earth.' They say, 'Was Allah's earth not wide enough for you to have made hijra elsewhere in it?' The shelter of such people will be Hell. What an evil journey's end! Except for those men, women and children who really are oppressed and do not have any other possibility and are not guided to any way. It may well be that Allah will pardon them. Allah is Ever-Pardoning, Ever-Forgiving." (4:97-98)

He also says, "What reason could you have for not fighting in the Way of Allah Ðfor those men, women and children who are oppressed and say, 'Our Lord, take us out of this city whose inhabitants are wrongdoers! Give us a protector from You! Give us a helper from You!'" (4:75)

Allah excuses those who are oppressed and cannot do anything other than leave what Allah has commanded. The one who is coerced can only be oppressed and unable to refuse to do what he is order to do.

Al-Hasan said, "Taqiyya* will continue until the Day of Rising."

[* Doing something to protect oneself from the evil of one's enemy without being a hypocrite or content with falsehood.]

Ibn 'Abbas said that the divorce of someone whom thieves had forced to divorce his wife did not count.

That is what Ibn 'Umar, Ibn az-Zubayr, ash-Sha'bi and al-Hasan said.

The Prophet, may Allah bless him and grant him peace, said, "Actions are according to intentions."

6541. Abu Salama reported that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, used to say in the prayer, "O Allah, rescue 'Ayyash ibn Abi Rabi'a! O Allah, rescue Salama ibn Hisham! O Allah, rescue al-Walid ibn al-Walid! O Allah, rescue all oppressed believers! O Allah, be hard on Mudar! O Allah, give them years of drought like the drought years of Yusuf!"

I. The one who preferred to be beaten, killed and humiliated rather than disbelieve

6543. Qays said, "I heard Sa'id ibn Zayd say, 'I can remember when 'Umar was constricting me to force me to leave Islam. If Uhud could move on account of what you have done to 'Uthman, it would have done so.Õ" [see 3649, 3654]

6544. Qays related that Khabbab ibn al-Aratt said, "We complained to the Messenger of Allah, may Allah bless him and grant him peace while he was using his cloak as a cushion in the shade of the Ka'ba. We said to him, 'Will you not ask for help for us? Will you not pray to Allah for us?Õ He said, 'There was a man among those before you for whom a ditch was dug in the earth and he was placed in it. Then a saw was brought and placed on his head and he would be cut in two. He would be raked with iron combs which would remove his flesh from his bones or sinews, and that would not deter him from his deen. By Allah, this business will be complete so that a traveller can go from San'a to Hadramawt fearing only Allah, or the wolf for his sheep, but you are trying to hasten things.Õ"

II. The sale of someone who is coerced or the equivalent of being coerced to settle what he owes or something else

III. A marriage by someone who is coerced is not valid

6546. 'Abdu'r-Rahman and Mujamma', the sons of Yazid ibn Jariyya al-Ansari, related from KhansaÕ bint Khidham al-Ansariyya that her father gave her marriage. She had been previously married and disliked that, so she went to the Prophet, and he repudiated her marriage.

6547. Abu 'Amr Dhakwan related that 'AÕisha said, "I said, 'Messenger of Allah, should women be consulted about marriage?' 'Yes,' he answered. I said, 'But if a virgin is consulted and is shy, she will remain silent.Õ He said, 'Her silence is her consent.'"

IV. When someone is forced to give away a slave or sell him, that act is not valid

[A mudabbar is a slave who becomes free when his master dies.]

6548. 'Amr ibn Dinar related from Jabir that a man of the Ansar made a slave a mudabbar when that slave was his only property. The Messenger of Allah, may Allah bless him and grant him peace, heard about that and he said, 'Who will buy him from me?Õ Nu'aym ibn an-Nahham bought him for 300 dirhams." He said that he heard Jabir say, "It was a Coptic slave and he died in the first year."

V. An example of coercion

6549. 'Ikrima related from Ibn 'Abbas...

Nafi' related that Safiyya bint Abi 'Ubayd reported to him that a slave who was part of government property [lit. of the amirate] had intercourse with a slavegirl of the khums booty and forced himself on her and deflowered her. 'Umar flogged him and exiled him and did not flog the slavegirl because she had been forced.

Az-Zuhri said that if a virgin slavegirl was raped and deflowered by a free man, the judge should fine the man for the loss of her value as a virgin and then flog him. There was no financial penalty according to the imams in the case of a non-virgin. But the man should be flogged.

6550. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Ibrahim emigrated with Sarah and entered a town where there was a king or a tyrant. He sent to him ordering him to send her to him. She got up and performed wuduÕ, prayed and said, 'O Allah, if I believe in You and Your Messenger, do not give the unbeliever power over me.Õ He gurgled and kicked His legs."

VII. A man swearing to his companion that he is his brother when he fears that he might be killed or the like

That is also the case with everyone subject to compulsion who is fearful: he defends him from the wrongdoer, fights for him and does not disappoint him. If he fights in the defence of someone wronged, there is no retaliation or compensation imposed on him.

If someone is told, "You will drink wine, eat carrion, sell your slave, acknowledge a debt, give a gift, or dissolve a contact or else we will kill your father or brother in Islam," and the like of that, he is permitted to do that by the words of the Prophet, may Allah bless him and grant him peace, "The Muslim is the brother of a Muslim."

Some people* said, "If he is told to drink wine or eat carrion or kill his son or father or relative, he is not allowed to do so because this person is not someone who is coerced." Then that was contradicted by the statement "If he is told, 'We will kill your father or son unless you sell this slave or acknowledge this debt or give some gift, what he does is binding on him by analogy (qiyas), but we employ istihsan and say, 'Any sale, gift or contract in that is void.'" They differentiate between every respected relative and others without using any evidence from the Book and Sunna. The Prophet, may Allah bless him and grant him peace, said, "Ibrahim said about his wife, 'This is my sister.Õ That was [his sister] in Allah."

[* The commentator says that this means the Hanafis.]

An-Nakha'i said, "If someone who demands that someone take a oath is unjust, then the intention is that of the one who swears. If, however, he [the one who demands the oath] is wronged, then the intention is that of the one who asks for an oath."

6551. Salim reported that 'Abdullah ibn 'Umar told him that the Messenger of Allah, may Allah bless him and grant him peace, said, "A Muslim is the brother of another Muslim. He should not wrong him nor surrender him to his enemy. Allah will take care of the needs of anyone who takes care of the needs of his brother."

6552. 'Ubaydullah ibn Abi Bakr ibn Anas related from Anas that the Messenger of Allah, may Allah bless him and grant him peace, said, "Help your brother, wronging or wronged." A man said, "Messenger of Allah, I will help him if he is wronged. How can I help him if he is wronging?" He answered, "By restraining him or preventing him from wrongdoing. That is helping him."

I. Not using legal devices. Every person has what he intends in oaths and other things

6553. 'Alqama ibn Waqqas said, "I heard 'Umar ibn al-Khattab speaking and he said, 'I heard the Prophet, , may Allah bless him and grant him peace, say, 'People! 'Actions are but judged according to intentions. Every man has what he intends. So whoever emigrates to Allah and His Messenger, his emigration is to Allah and His Messenger, and whoever emigrates to gain something of this world or to marry a woman, his emigration is for that to which he emigrated.'"

6554. Hammam related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Allah does not accept the prayer of one of you who breaks wuduÕ until he performs wudu' again."

III. On zakat and the fact that the wealth of individuals should not be combined nor shared wealth split up merely because of the fear of having to pay (more) zakat

6555. Thumama ibn 'Abdullah ibn Anas related that Anas reported to him that Abu Bakr wrote for him the zakat which the Messenger of Allah, may Allah bless him and grant him peace, had imposed: "Éthat the wealth of individuals should not be combined, nor shared wealth split up, merely because of the fear of having to pay (more) zakat."

6556. It is related from Talha ibn 'Ubaydullah that a bedouin with unkempt hair came to the Messenger of Allah, may Allah bless him and grant him peace, and said, "Messenger of Allah, tell me what Allah has made obligatory for me in respect of prayer." He replied, "The five prayers unless you want to do some extra voluntary ones." He said, "Tell me what Allah has made obligatory for me in respect of fasting." He answered, "The month of Ramadan unless you want to do something extra." He said, "Tell me what Allah has made obligatory for me in respect of zakat." Talha said, "The Messenger of Allah, may Allah bless him and grant him peace, informed him about the laws of Islam. He said, 'By the One who has honoured you, I will not do anything extra nor any less than what Prophet has made obligatory on me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If he speaks the truth, he will have success (or 'he will enter the Garden if he speaks the truth).'"

Some people said, "The zakat due on 120 camels is two hiqqas. If he kills them deliberately or gives them away or uses some trick to evade zakat, then he does not owe anything [of zakat]."

6557. Hammam related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Then on the day of Rising treasure will appear to him in the form of a smooth-headed male viper with two black spots over its eyes and its owner will run from it. It will come after him, saying, 'I am your treasure.' By Allah, it will continue to seek him until he stretches out his hand and its mouth swallows it."

The Messenger of Allah, may Allah bless him and grant him peace, said, "If the owner of flocks does not pay what is due on them, they will be given power over him and strike his face with their hooves."

Some people said, "If a man has camels and fears that zakat will be obliged for him on them and therefore he sells some camels for similar camels or for sheep, cows or money the day before zakat is due as a device to avoid paying zakat, he owes nothing [of zakat]." He said, "If he pays the zakat on his camels a day or a year before the end of the year, that satisfies the requirement."

6558. 'Ubaydullah ibn 'Abdullah ibn 'Utba related that Ibn 'Abbas said, "Sa'd ibn 'Ubada al-Ansari asked the Messenger of Allah, may Allah bless him and grant him peace, for a verdict about a vow which his mother had made when she had died before she could fulfil it. The Messenger of Allah, may Allah bless him and grant him peace, said, "Fulfil it for her."

Some people said, "If the number of camels reaches twenty, there are four sheep owed for them. If he gives the camels away before the year, or sells them to escape zakat or uses a legal device to cancel zakat, he owes nothing [of zakat]. The same is true if he destroys the camels and then dies. There is nothing owed of zakat from his property."

IV. Legal stratagems employed in marriage

6559. 'Ubaydullah said, "Nafi' related to me that 'Abdullah said that the Messenger of Allah, may Allah bless him and grant him peace, forbade the shighar. I asked Nafi', 'What is the shighar?' He answered, 'It is when a man marries a manÕs daughter who then, in turn, marries his daughter without any dowry being exchanged between them, or that a man marries the sister of a man who then marries his sister without any dowry being dowry exchanged between them."

Some people said, "If someone employs a stratagem so that he marries by means of shighar, the marriage is then valid but the stipulation is void."

He said about the mu'ta [temporary marriage], "The marriage is invalid and the stipulation is void." One of them said, "Both the mu'ta and the shighar are permitted, but the precondition is void."

6560. Muhammad ibn 'Ali related that 'Ali was told, "Ibn 'Abbas does not see anything wrong in contracting a mut'a marriage with women." He said, "The Messenger of Allah, may Allah bless him and grant him peace, forbade it on the Day of Khaybar along with the flesh of domestic donkeys."

Some people said, "If someone employs a stratagem so that he concludes a mut'a marriage, the marriage is invalid." Some of them said, "The marriage is allowed, but the stipulation is void."

V. Legal stratagems which are disliked in sales transactions. One should not prevent the use of surplus water as he should not prevent use of surplus pasture

6561. Al-A'raj related from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Excess water is not withheld in order to prevent pasturage from growing."

VI. What is disliked of bidding against one another in order to raise the price

6562. Nafi' related from Ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade bidding against one another to raise the price.

VII. What is forbidden of cheating in sale transactions

Ayyub said,"They try to cheat Allah as if they were cheating a human being. If they had done the thing in full sight, that would have been easier for me."

6563. 'Abdullah ibn Dinar related from 'Abdullah ibn 'Umar related that a man mentioned to the Prophet, may Allah bless him and grant him peace, that he was always cheated in sales transactions. The Prophet said, "When you do business, say, 'No cheating'."

VIII. What is forbidden of legal stratagems employed by the guardian of an attractive orphan girl when he does not pay her her full dower.

6564. It is related that 'Urwa asked 'A'isha about "If you are afraid of not behaving justly towards orphans, then marry other permissible women," (4:3) and 'A'isha said, "She is an orphan girl in the care of a guardian who desires her property and beauty but wants her marry her for less than the custom of women like her. They were forbidden to marry them unless they were fair to them in paying them their full dower. Then people asked the Messenger of Allah, may Allah bless him and grant him peace, for a verdict after that and Allah revealed, 'They will ask you for a fatwa about women...' (4:127)." He mentioned the hadith.

IX. If someone kidnaps a slavegirl and then claims that she is dead and the judgement is given that he must pay the price of the dead slavegirl, and then her master finds her, she belongs to her master and he repays the money and the compensation is not a purchase

Some people say that the slavegirl belongs to the usurper because the price has been received. That amounts to a legal stratagem for someone who desires a man's slavegirl when the man will not sell her. He kidnaps her and then claims that she has died so that her owner takes her price. Thus the slavegirl who belongs to someone else is relinquished to the kidnapper." The Prophet, may Allah bless him and grant him peace, said, "Your property is unlawful to one another."

"Every traitor will have banner on the Day of Rising."

6565. 'Abdullah ibn Dinar related from 'Abdullah ibn 'Umar that the Prophet, may Allah bless him and grant him peace, said, "Every traitor will have a banner on the Day of Rising by which he will be known."

6566. Zaynab bint Abi Salama related from Umm Salama that the Prophet, may Allah bless him and grant him peace, said, "I am a human being. Litigants come to me and it may be that one of them are more eloquent than the other and so I suppose that he is telling the truth and give judgement in his favour according to what I hear. If I judge for him any of the right of his brother, then I am only cutting for him a piece of the Fire."

X. On Marriage

6567. Abu Salama related from Abu Hurayra that the Prophet, may Allah bless him and grant him peace, said, "A virgin is not married until her permission has been sought, nor a woman who has been married until she is consulted." He was asked, "Messenger of Allah, how does she give permission?" He answered, "When she remains silent."

Some people said, "If a virgin has not been asked for her consent and has not been previously married, and then a man employs a stratagem by which he brings two false witnesses who attest that he has married her with her consent and then the qadi affirms her marriage while the husband knows that that the testimony is false, then is nothing wrong with him having intercourse with her and it is a valid marriage."

6568. Yahya ibn al-Sa'id related from al-Qasim that a woman who was descended from Ja'far feared that her guardian would force her to marry someone against her will. She sent to two shaykhs of the Ansar, 'Abdu'r-Rahman and Mujamma', the sons of Jariya who said, "Do not fear. Khansa' bint Khidham was married by her father against her will and the Prophet, may Allah bless him and grant him peace, rejected that."

Sufyan said, "'Abdu'r-Rahman heard it from his father as "Khansa'É"

6569. Abu Salama related that Abu Hurayra said that the Messenger of Allah, may Allah bless him and grant him peace, said, "A widow is not given in marriage until she is consulted. A virgin is not given in marriage until she has been asked for her consent." They asked, "How does she give her consent?" He answered, "She remains silent."

Some people said, "If a man employs a stratagem by bringing two false witnesses to testify that he married a woman who had been previously married at her instruction and then the qadi affirms her marriage to him and the husband knows that he has not married her at all, this marriage is allowed, and there is nothing wrong with him living with her."

6570. Dhakwan related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, said, 'The virgin is asked for her consent.' I asked, 'And if the virgin is shy?' He answered, "Her permission is her silence."

Some people said that if a man desires an orphan slavegirl or virgin and she refuses and then he uses a legal device and brings two false witnesses who testify that he has married her and then she reaches puberty and the orphan girl then consents to the marriage, the judge accepts the false testimony although the husband knows that that they are not telling the truth, and it is lawful for him to have intercourse with her."

6571. 'Urwa related that 'A'isha said, "The Messenger of Allah, may Allah bless him and grant him peace, used to love honey and sweets. After praying the 'Asr prayer, he would go to his wives and stay with one of them. He went to Hafsa bint 'Umar and stayed longer than he used to. I asked about that. I was told that a woman of her family had given her a skin filled with honey and she gave the Prophet, may Allah bless him and grant him peace, a drink from it. I said, 'By Allah, we will play a trick on him. I mentioned that to Sawda bint Zam'a and said to her, 'When he visits you, he will come close to you. Then ask, "Messenger of Allah, have you eaten maghafir?" He will answer, "No." Tell him, "Then what is this smell which I smell from you?" He will say, "Hafsa gave me a drink of honey."' It would be hard on the Messenger of Allah to have a smell originate from him. Tell him, "Perhaps the bees visited 'Urfut trees." I will say this as well. Safiyya, you say the same.'

"When he visited Sawda, Sawda said, "By the One and only God, I almost said to him what you told me to say to him while he was still at the door out of fear of you. When he came near, I asked, "Messenger of Allah, have you eaten maghafir?" "No," he answered. I said, "Then what is this smell?" He answered, "Hafsa gave me a drink of honey." I said, "Perhaps the bees visited 'Urfut."' When he visited me, I said the same, and when he went to Safiyya, she said the same. When he then went to Hafsa, she said, 'Messenger of Allah, shall I give you a drink of it?' He said, 'I have no need of it.' Sawda said, 'Glory be to Allah! We have deprived him!' I told her, 'Be quiet.'"

XI. What is disliked of tricks used in order to flee from the plague

6572. 'Abdullah ibn 'Amir ibn Rabi'a related that 'Umar ibn al-Khattab left for Syria and when he reached Sargh, he heard that the plague had broken out in Syria. 'Abdu'r-Rahman ibn 'Awf informed him that the Messenger of Allah, may Allah bless him and grant him peace, had said, "When you hear that it is in a land, do not go forward to it. If it occurs in a land where you are, do not leave it, fleeing from it." So 'Umar returned from Sargh.

It is related from Salim ibn 'Abdullah that 'Umar left because of the hadith related by 'Abdu'r-Rahman.

6573. 'Amir ibn Sa'd ibn Abi Waqqas related that he heard Usama ibn Zayd relate to Sa'd that the Messenger of Allah, may Allah bless him and grant him peace, mentioned the plague. He said, "It is a chastisement or a punishment by which some nations were punished. Then some of it remained, and it comes and goes If someone hears that it is in a land, he should not go forward to it. If someone is in a land where it occurs, he should not leave it to flee from it."

XIII. Gifts and pre-emption

Some people said, "If someone gives a gift of a thousand dirhams or more and then it remains with the recipient for a number of years and then the giver employs a stratagem and takes it back, neither has to pay zakat on it. He has opposed the Messenger of Allah, may Allah bless him and grant him peace, regarding the gift but has cancelled the zakat."

6574. 'Ikrima related from Ibn 'Abbas that the Prophet, may Allah bless him and grant him peace, said, "Someone who takes back his gift is like a dog who returns to its own vomit. We should not act in this evil manner."

6575. Abu Salama related that Jabir ibn 'Abdullah said, "The Messenger of Allah, may Allah bless him and grant him peace, established pre-emption in all that is not divided, When there are clear boundaries and roads have been made, then there is no pre-emption."

One of the people said, "The neighbour has a right to pre-emption." Then he looked at what he had confirmed, and nullified it and said, "If he buys a house and fears that the neighbour will take it via pre-emption, he buys a hundredth share of it and then buys the rest. The neighbour is entitled to pre-emption in the first share but has no pre-emption in the rest of the house. He (the buyer) may employ such a device in that case.

6576. Ibrahim ibn Maysara heard 'Amr ibn ash-Sharid said, " Al-Miswar ibn Makhrama came and placed his hand on my shoulder and I went with him to Sa'd. Abu Rafi' said to al-Miswar, 'Will you not order this man to buy my apartment from me which is in my house?' Sa'd said, 'I will not pay more than 400, either in portions or in instalments.' He said, 'I was offered 500 in cash and I refused. If it were not that I heard the Prophet, may Allah bless him and grant him peace, say, "A neighbour is more entitled by reason of his proximity," I would not sell it to you (or give it to you!'"

I said to Sufyan, "Ma'mar did not say it like that." He retorted, "But that is how he said it to me."

Some people said, "If someone wants to cut off the right of pre-emption, he can use a device to invalidate pre-emption. That is by giving the house to the buyer and marking out its boundaries and giving it to him. Then the buyer recompenses him with a thousand dirhams, and the pre-emptor no longer has the right of pre-emption."

6577. 'Amr ibn ash-Sharid related from Abu Rafi' that Sa'd bargained with him about an apartment for 400 mithqals. He said, "If it were not that I heard the Prophet, may Allah bless him and grant him peace, say, 'A neighbour is more entitled by reason of his proximity,' I would have not have given it to you."

Some people said, "If someone purchases a portion of a house and wants to invalidate pre-emption, he gives it to his young son and no oath is obliged of him."

XIV. A government official using stratagems so that he will be given gifts

6578. It is related that Abu Humayd as-SaÔidi said, "The Messenger of Allah, may Allah bless him and grant him peace, appointed a man called Ibn al-Lutbiya to collect the zakat of the Banu Sulaym. When he came, he checked it. The man said, 'This is for you and this was given as a gift to me.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why did you not sit in the house of your father or mother to see whether a gift would come to you or not if you are speaking the truth?' Then he addressed us. He praised and lauded Allah and then said, 'Following on from that, I employ a man from among you to some work in part of that which Allah has entrusted me and then he comes and says, 'This is for you and this was given as a gift to me.' Why did he not sit in the house of his father or mother to see whether a gift would come to him or not? By Allah, none of you will take anything without right but that he will carry it on his back on the Day of Rising. I know that one of you will meet Allah carrying a camel which is grumbling, or a cow which is mooing, or a sheep which is bleating." Then he raised his hands until we could see the whites of his armpits, saying, 'O Allah, I have conveyed it.' My eyes saw it and my ears heard it."

6579. 'Amr ibn ash-Sharid related that Abu Rafi' said that the Prophet, may Allah bless him and grant him peace, said, "A neighbour is more entitled by reason of his proximity."

Some people said, "If someone buys a house for 20,000 dirhams, there is no harm in him employing a stratagem so that he buys the house for 20,000 and then pays 9999 dirhams to the seller and then pays him one dinar for the rest of the 20,000. If the pre-emptor seeks pre-emption, he can take it for 20,000. Otherwise he has no way to buy the house. If it becomes clear that the house belongs to other than the seller, the buyer returns it to the seller for what he paid him, which is 9999 and 1 dinar, because when the house belongs to someone else. The transaction involving the dinar is invalidated. If he finds a defect in this house and it does not belong to someone else, 20,000 dirhams is returned to him.

He said, "He allowed this deceit among the Muslims when the Prophet, may Allah bless him and grant him peace, said, "The sale of a Muslim with no hidden defect, no taint and no wickedness."

6580. 'Amr ibn ash-Sharid related, "Abu Rafi' bargained with Sa'd ibn Malik over a room for 400 mithqals. He said, 'If I had not heard the Prophet, may Allah bless him and grant him peace, say, "A neighbour is more entitled by reason of his proximity,' I would not have given it to you.'"