Series of Statements by Grand Ayatollah Shirazi

During the Nights of the Blessed Month of Ramadan 1441 A.H.

Night 5th

In the Name of God, The Compassionate, The Merciful.

The Conquest of Mecca was a turning point in the history of Islam. In connection with this important event, Almighty God began a chapter of the Quran in this way:

“In the Name of God, The Compassionate, The Merciful. We have granted you a manifest victory.” (Holy Quran, Chapter 110, Verses 1-2)

Many verses and events that followed were related to this story. One of them is the incident of Safwan son of Umayyah lending his shields, which later became known in Islamic law and jurisprudence as a “Borrowing with Liability.”

Safwan son of Umayyah was from (the city of) Mecca. For close to twenty years, in different ways, he fought the Messenger of God (peace be upon him and his family) obstructed the propagation of Islam, created numerous problems for the Prophet, and restricted his situation. When the Prophet entered Mecca and issued a general amnesty, Safwan had already fled Mecca at that time.

The Prophet, peace be upon him and his family, sent for him and granted him safety. He returned to Mecca and asked the Prophet for two months to reflect. The Prophet granted him four months. Even if he had asked for forty months, the Prophet would have granted him. Other Meccans had similar circumstances, such as Abu Sufyan.

During those days, because of a forced movement brought about by some polytheists living in one of the regions of the Arabian Peninsula, the Prophet was compelled to march with an army against them. In this war, they had an insufficient amount of shields. In historical works and narrations, it is mentioned that Safwan was a source of weapons, and Allama Majlisi also narrated it in the book of Bihar Al-Anwar. The Prophet (Peace be upon him and his family) told Safwan that a battle had come upon them and that the enemy was preparing to march against them, and for defense they needed weapons. Therefore, they requested from him some shields to lend to them.

The Difference Between Trust and Borrowing

In Islamic law, a trust (Amanah) is established when someone deposits an item with another person. The recipient has no right to dispose of it and must strive to preserve it, returning it to the owner exactly as received, without any change.

But in borrowing, what is lent must later be returned to its owner, though with this difference: the person who receives the borrowed item has the right to use it. For example, a student borrows a book from a fellow student to read and then returns it. Or a woman borrows jewelry from another woman. In that case she may use the jewelry and even take it to a wedding ceremony or elsewhere.

Therefore, the difference between trust and borrowing lies in the permitted use of the item received. In a trust, the item must not be used or disposed of; in borrowing, it is taken for use. So if the borrowed item is lost or decreases in value without any negligence on the borrower’s part, the borrower is not liable. For example, if someone borrows a ladder and it breaks despite proper care, the borrower is not responsible.

In Islamic jurisprudence, normally in borrowing there is no liability (no guarantee). This is stated explicitly both in the narrations from the Infallible Imams and in the chapters of
jurisprudence.

The Prophet (peace be upon him and his family) asked Safwan to lend him some shields. Before the Prophet used the word “borrowing” Safwan said to him:

“by force, O Muhammad?”

The Prophet replied:

“No, a borrowing that is guaranteed to be returned.”

This issue later became known as “Borrowing with Liability”, and this story became the beginning and basis of that legal principle.

The Prophet’s every act, statement, and tacit approval is a divine ruling for us and is obligatory to follow. The Imam Jafar Al-Sadiq, peace be upon him, and other Infallible Imams considered the Prophet’s conduct and the shields of Safwan as the basis for this divine ruling, and acted accordingly.

In the story, although the shields were taken from Safwan as a loan, the guarantee of returning them was made as in the same quantity. The juristic principle says: if the person lending (the owner) does not impose a condition of guarantee, and if there is any reduction or increase, and the borrower is not at fault, then the borrower is not liable.

But if a condition of guarantee is established, if the borrower, like the Prophet (peace be upon him and his family) guarantees the return, such that any decrease or destruction is made guaranteed to the lender, then the borrower is liable.

This is known in Islamic jurisprudence as “Borrowing with Liability”.

The Difference is like Heaven and Earth

The stories of the Prophet (peace be upon him) are all unique. Humans are astonished upon hearing and reading them. Especially in this era, many have strayed from the Prophet’s ethics and virtues.

In the past half-century, due to successive revolutions and political transformations in most Islamic countries, how much of people’s wealth has been confiscated merely because of their political leanings! Since 1952, many of these surrounding countries have been entangled in various military and political upheavals, and during this time, much of the property and assets of many people were unjustly confiscated.

Today, in many countries around the world, after the end of a war, the property and damages inflicted upon the opposing party (enemy) are returned to them. However, in these fifty years, hundreds and hundreds of confiscations have taken place, and unfortunately, their property has still not been returned to them. I myself was in Iraq and, during the Iraqi military revolution that occurred in 1958, witnessed the confiscation of many people’s properties and assets.

At that time, the wealth of many former heads of government was confiscated in this manner; many of them had also left the country. Sometimes they would go so far as to confiscate the property of their children, and even their relatives and friends. If one were to compile statistics on this confiscated property, they would encounter a very large figure.

Prophet Muhammad (peace be upon him and his family) during the conquest of Mecca, while having complete access to the property of the polytheists, did not confiscate even a single item. On the contrary, when he migrated from Holy Mecca to Medina, the Meccan polytheists confiscated his house, even though there was no war between them.

The way Safwan spoke to Prophet Muhammad (peace be upon him and his family) who, in response to his request, insolently said: ‘by force O Muhammad?’ indicates the complete freedom of the Prophet’s enemies.

They were so free that they dared to accuse the Messenger of Mercy (peace be upon him and his family) of usurpation and unlawful seizure. Yet, this same person, after the conquest of Mecca, had fled from there, and with a letter of safe conduct that Prophet Muhammad (peace be upon him and his family) sent him, he returned to his city and home, without anyone bothering him or confiscating his property.

However, Our Time

Today, there are many oppressed people in Islamic countries who have been wronged in various ways, including through confiscation and other means. Today, recalling the behavior and conduct of Prophet Muhammad (peace be upon him and his family) especially towards his long-standing enemies, the polytheists, during the conquest of Mecca, is very instructive and cautionary.

These luminous truths should not be neglected and hidden away in the closets of libraries and among books. Publishing and promoting this matter, as I have repeatedly said, is a voluntary community duty, and as long as there are not sufficient people carrying out this task, like currently, this duty, becomes obligatory on all of us.

The vibrant and zealous Muslim youth have a greater share than others in this regard. This very story of Safwan and the Prophet’s manner of dealing with the Meccan polytheists is fascinating and worth reading for all people of the world.

Freedom, both in the political dimension and even in the realm of belief and adopting a religion or sect, is seen in its complete and true form in the behavior and method of the noble Messenger of God (peace be upon him and his family).

After the conquest of Mecca, instead of killing, confiscating, and many other customary actions, the Prophet issued a letter of safety for all of them. What is remarkable is that many of the polytheists did not embrace Islam, or even if they declared Islam, like Safwan and Abu Sufyan, they inwardly remained steadfast in their polytheism.

The story presented in this writing well conveys the atmosphere of that period of history and the behavior and actions of the Messenger of God (peace be upon him and his family) and this unparalleled matter is one of the turning points in the life of the noble Messenger of God, blessings of God be upon him and his family. Therefore, it is fitting that special attention and care be given to its publication and promotion.

The basis of the Prophet Muhammad’s propagation (peace be upon him and his family) was the avoidance of compulsion and coercion, revolving around the verse: ‘So whoever wills, let him believe; and whoever wills, let him disbelieve.’

I hope Almighty God grants us all more success.

And may Allah bless Muhammad and his Infallible Family.