An-Nahl 16:91–96

Commentary

Breaking Pledges is Forbidden

The word: عَھد ('ahd) is inclusive of all transactions, pacts and pledges the responsibility of which has been assumed verbally, whether one does or does not swear by it, and whether it relates to doing something or not doing it.

In fact, these verses are the explanation and conclusion of previous verses. The previous verses carried the command to do justice and to be good. The sense of justice there includes the fulfillment of pledges as well. [ Qurtubi ]

After having given a pledge or made a contract with someone, breaking it is a major sin. But, in the event it is broken, there is no Kaffarah (expiation) fixed for this purpose. Instead, it brings the punishment of the Hereafter on the offender. According to Hadith, the Holy Prophet ﷺ said that a flag shall be planted on the back of the pledge-breaker on the Day of Resurrection which will become the cause of his or her disgrace there.

Similarly, acting contrary to what one has sworn by is also a major sin. In the Hereafter, it is full of unimaginably evil consequences while in the present world too there are its particular situations in which Kaffarah (expiation) becomes necessary. [ Qurtubi ]

In verse 92: أَن تَكُونَ أُمَّةٌ هِيَ أَرْ‌بَىٰ مِنْ أُمَّةٍ (merely because a group is higher [ in number and wealth ] than the other), Muslims have been ordered that they should not break the pact they enter into with a group simply for the sake of worldly interests and gains. For example, they may come to think that the group or party with which they have entered into a pact is weak and few in numbers, or lacks financial backing, while the other group or party abounds in numbers and strength, or is wealthy. Now, if they are tempted to join the party having power and wealth in the hope of better gains from them, this breaking of the pledge given to the first party is not permissible. Rather than do something like that, one should stay by the pledge given and let all gains and losses rest with Allah Ta` ala. However, if the group or party with which one has entered into a pact commits or commissions acts contrary to the dictates of Islamic religious law, then, it is necessary to break that pledge - subject to the condition that they be clearly forewarned that Muslims will not be bound by that pact anymore - as stated in the verse: فَانبِذْ إِلَيْهِمْ عَلَىٰ سَوَاءٍ (then, throw [ the treaty ] towards them being right forward - 8:58).

At the conclusion of the verse, the given situation has been identified as a device to test Muslims whereby Allah Ta’ ala tries them to deter-mine if they would obey the desires of their self and break the solemn pledge, or go on to sacrifice their selfish motives in obedience to the com-mand of Allah Ta’ ala.

An oath sworn to deceive someone may cause forfeiture of Faith ('Iman)

Verse 94 which begins with the words: وَلَا تَتَّخِذُوا أَيْمَانَكُمْ دَخَلًا (do not take your oaths as a means of mischief) gives yet another instruction to stay away from getting involved in what is a great sin laden with evil consequences. It means that anyone who at the very time of taking an oath harbours other ideas and intentions, is all set to act counter to the oath taken while going through the exercise of oath-taking merely to deceive the other party, then, this would be an act far more dangerous than that of breaking a common oath. As a result, the danger is that this person may end up being all deprived of the very asset of'Iman (faith). The sentence which follows immediately, that is: فَتَزِلَّ قَدَمٌ بَعْدَ ثُبُوتِهَا (lest a foot should slip after it is firmly placed - 94), means exactly this. [ Qurtubi ]

Accepting Bribe is Sternly Forbidden as It Breaks the Covenant of Allah

Verse 95 which begins with the words: وَلَا تَشْتَرُ‌وا بِعَهْدِ اللَّهِ ثَمَنًا قَلِيلًا (And do not take a paltry price against the pledge of Allah) that is, 'do not break the Covenant of Allah for a paltry price.' Here, 'a paltry price' refers to worldly life and its gains. No matter how major they may be yet, as compared with the gains of the Hereafter, even the entire world and its en-tire wealth is nothing but paltry. Whoever opts for the gains of the mortal world at the cost of the far superior returns in the Hereafter has struck a deal which will bring nothing but utter loss - because, selling off a blessing which is supreme and a wealth which is everlasting in exchange for something fast perishing and intrinsically low is what no sensible person would ever elect to do.

Ibn ` Atiyyah said: If doing something is obligatory on a person, then, it is a Covenant of Allah due against him. He is responsible for it. And in the process of fulfilling this duty, the act of charging wages or something in return, and not doing what duty calls for without being first paid off in cash or kind, is what amounts to breaking the Covenant of Allah. Sim-ilarly, if not doing something is obligatory on a person, then, should that person do it against returns received from someone, that too will constitute the breaking of the Covenant of Allah.

This tells us that all prevailing kinds of bribery are unlawful. For example, a government servant who receives a salary for what he does has virtually given a pledge to Allah that he would perform the job assigned to him against the salary he receives. Now, if he goes about asking for some sort of return from someone in order to do that job, and keeps hedging and postponing the required action until he has that return, then, this official is breaking the Covenant of Allah. Similarly, doing something for which the department has not empowered him, even doing it by accepting bribe, is also a breach of pledge. [ A1.-Bahr al-Muhit ]

A Comprehensive Definition of Bribe

The statement of Ibn ` Atiyyah quoted above also accomodates a fairly inclusive definition of bribe (Rishwat) which, in the words of Tafsir Al-Bahr al-Muhit, is as follows:

اَخَذ الاموال علی فعل ما یجب علی الاٰخذ فعلہ او فعل ما یجب علیہ ترکہ

Taking a return for not doing a job the doing of which is obligatory on a person, or taking a return for doing a job not doing which is obligatory on a person, is what bribe is. [ A1-B4r al-Muhit, p. 533, v. 5]

That the combined blessings of the whole world are paltry has been stated in the next verse (96) through the words: مَا عِندَكُمْ يَنفَدُ وَمَا عِندَ اللَّهِ بَاقٍ that is, 'what is with you (meaning worldly gains; is to end; and what is with Allah Ta’ ala (meaning the reward and punishment of the Hereafter) is to last forever'.

All Worldly Gains and States will Perish - Only their Outcome with Allah shall Remain

A casual look at the expression: مَا عِندَكُمْ (ma ` indakum: 'what is with you' meaning world gains) leads one to think of wealth and possessions only. My revered teacher, Maulana Sayyid Asghar Husain of Deoband, may the mercy of Allah be upon him, said that the word: مَا ma (what) is general lexically and there is nothing prohibiting us from taking it in a general sense, therefore, included under it are wealth and possessions of the present world as well as all states and matters that one experiences therein. These could be happiness and sorrow, pain and comfort, sickness and health, gain and loss or someone's friendship or enmity. These form part of it for all these are transitory and must perish. However, the after-effects of all these states and matters which are to bring reward or punishment on the Day of Judgment are destined to remain. So, any reckless pursuit of states and matters that must perish and to stake one's life and its energies on this altar by becoming negligent of the eternal reward and punishment is something no sane person should elect to do.