Surah Al-Baqara (2) — Ayah 188

(Ayah 188) ➊ {وَ لَا تَاْكُلُوْۤا اَمْوَالَكُمْ … :} In the state of fasting, by Allah’s command, a person abandons three highly desirable and lawful things; in this context, now the exhortation to avoid the unlawful is given. Any wealth acquired through unlawful means, even if the owner is pleased with it, is considered consuming by false (i.e., unjust) means. For example: interest, the wage of fornication, the fee of a fortune-teller, the sale of alcohol, earnings through lottery or gambling, or the wage for singing and music—all unlawful means fall under earning by falsehood.

➋ { تُدْلُوْا :} This is the masculine plural present tense form from the verbal noun { ”اِدْلاَءٌ“ }, which is derived from { ”دَلْوٌ“ }, meaning “bucket.” The original meaning of { ”اِدْلاَءٌ“ } is “to cast a bucket,” as in Surah Yusuf: «فَاَدْلٰى دَلْوَهٗ» [ یوسف : ۱۹ ] “So he let down his bucket.” Then it began to be used in the sense of taking or sending something towards someone. Taking something to the authorities has two meanings, and both are intended here. One is that a person knows that a certain land or wealth belongs to someone else, but the rightful owner has no proof; if he files a lawsuit, he will succeed in getting a verdict in his favor from the court, so he takes the case to the judge. Allah Almighty has forbidden doing so. « وَ اَنْتُمْ تَعْلَمُوْنَ» That is, knowingly doing so is extremely evil. Umm Salamah (may Allah be pleased with her) narrates that the Messenger of Allah (peace and blessings be upon him) said: “Beware! I am only a human being, and disputants come to me. Perhaps one of them is more eloquent in presenting his argument than the other, so I judge in his favor, thinking him truthful. So, if I decide in favor of someone for something that belongs to his Muslim brother, it is a piece of fire; let him take it or leave it.” [ بخاری، المظالم، باب إثم من خاصم وہو بعلمہ : ۲۴۵۸ ]

Some people say that whatever the judge decides in someone’s favor becomes lawful for him, but from this verse and hadith, the falsehood of their claim is evident. The second meaning of this verse is that you should not consume the rights of others by giving wealth as a bribe to the authorities. { ”رِشَاءٌ“ } refers to the rope of the bucket, by which water is drawn; similarly, the briber achieves his purpose through bribery. { ”رَاشِيْ“ } is the one who gives a bribe, and {”مُرْتَشِيْ“} is the one who takes a bribe. Abu Hurairah (may Allah be pleased with him) says that the Messenger of Allah (peace and blessings be upon him) cursed the one who gives and the one who takes a bribe. [ ترمذی، الأحکام، باب ما جاء فی الراشی … : ۱۳۳۷، و صححہ الألبانی ] If one has to make a payment to obtain his own right, this is not bribery, although it is necessary to avoid it as much as possible, because it is helping in sin and establishing a bad habit. However, if someone is helpless, that is another matter, but the receiver is deserving of curse and will be committing a major sin.

188. 1. This is about a person who holds a right belonging to someone else, but the one who has the right does not have evidence. Taking advantage of this weakness, he gets a decision in his favor from the court or competent authority, and thus usurps the right of the other. This is oppression and forbidden. The decision of the court cannot make oppression and the forbidden permissible and lawful. This oppressor will be a criminal in the sight of Allah (Ibn Kathir).

188. And do not consume one another’s wealth unjustly [247], nor offer it to the authorities so that you may wrongfully consume a portion of the wealth of others, while you know the truth.

[247]
Ways of Consuming Wealth Through False Means:

There are many forms of consuming others’ wealth through false means, such as theft, breach of trust, deception, robbery, gambling, usury, and all unlawful types of trade and transactions. In this verse, specifically, that unlawful method is mentioned which is obtained through the mediation of authorities. One common form of this is bribery: giving a bribe to the ruler to have the case decided in one’s favor and thus consuming another’s wealth. Another form is, for example, you know that a certain property or thing belongs to Zaid, but he has no proof of ownership, and in the case of a lawsuit, you can, through trickery, seize that thing from Zaid; thus, through the court, you can become the owner of that thing. Consuming another’s wealth in this way is also forbidden. Thus, the Prophet ﷺ said: “I am only a human being. You bring your disputes to me. It may be that one of you presents his argument more eloquently than the other, and I decide in his favor according to what I hear. So if I, by my judgment, give someone something that belongs to his brother, he should not take it, for I am giving him a piece of fire.” [بخاري، كتاب الاحكام، باب موعظة الامام للخصوم]