Work and Leisure in Islamic debate about Work: the "Kitab al-Kasb" as a Case Study

Mouez Khalfaoui,

The literature which deals with the subject of work ethics in Islam suggests
that attitudes of Muslim scholars towards work are mostly uniform. As far
as sources are concerned, scholars specialising in this area usually consider
that Koranic verses and traditions of the Prophet Muhammad are
representative of the Muslim point of view as a whole. Their assumption is
that Islam praises work and qualifies it as a religious obligation, and that
the best occupation for Muslims is trade. However, this position reflects
only part of the broad range of approaches to the subject of work ethics in
Islam. Neither the picture nor the attitudes are uniform. In fact, there are
dissimilarities between different approaches within Islamic thought to the
subjects of work, poverty and earnings. These differences prove that the
debate about work ethics is one that has continued over time and led to a
change in Muslim perceptions of peoples relation to work, of their relation
to the environment and of their relation to other human beings.
In this paper I will examine the discussion about work ethics during the
formative period of Islamic culture. In particular, I will focus on the debate
which occurs in the Kitab al Iktisab fi-r-Rizq al-Mustatab by Muhammad
Ash- Shaybani (d.189/805), a leading figure of the Hanafi School of Law. I
will also focus on the way in which Kitab al Iktisab was referred to (or
reused) by other scholars such as as-Sarakhsi, who lived in the eleventh
and twelfth centuries in Transoxiany (Khurasan / arb. ma waraa an-Nahr).
I would like to argue that the debate about work and earnings, as presented
in Hanafi legal literature from the ninth to the twelfth centuries,
demonstrates that the debate about work was a response to sociocultural
and economic changes that were taking place in the Muslim society of that
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time. The birth and development of the literary genre on Work

(Kasb/Iktisab) are the proof of the importance of this debate both for
intellectuals, for the state and for the society of that time.
Kitab al Iktisab fir Rizq al Mustatab consists of a body of opinions written in
the 2nd/ 9th centuries by Muhammad ash-Shaybani in response to the
ideology of Muslim pious streams (al Mutaqashifin). This book was written
in the Irakian milieu, which became the capital of the newly established
dynasty of the Abbasids. The originality of this book consists in the fact that
it was the first document of its time to be entirely devoted to the question of
work. It contains very important information concerning the debate about
labour during the formative period of Islam. Furthermore, it bears witness
to a debate which took place before Islamic thought became contaminated
with foreign sources of thought, in particular with the Hellenistic
philosophy of work (as they existed in the Conception of Work of Bryson).
1. The formative Period of Islamic Thought
It goes without saying that the first opinions concerning the subject of work
ethics in Muslim Culture figure in the Quran and the tradition of the
Prophet. Why did Muhammad ash-Shaybani decide to write this book,
about two centuries after the death of the prophet? Does this mean that
work was not highly relevant for the first Muslim community? Is it enough
to argue by applying a socio-economical interpretation - that the book
was a response to or a product of socioeconomic circumstances
(challenges) from the era of Muhammad ash- Shaybani in al- `Iraq?
Indeed the Kitab al-Iktisab was written at a time and in a place which were
characterised by crucial transformations in Muslim societies: the downfall
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of the Omayyad dynasty (132H/750) led not only to the political transition
from the Omayyads to the Abbasids, but also to the shift of the political and
economic centre of the Muslim state from Syria to Irak. This also coincided
with the military expansion of the Abbasside dynasty. Consequently, this
contributed to the establishment of new trade relations between the
Muslim state and several regions and states. This resulted in economic
transformation - from an economy of poverty and self-sufficiency to an
economy of enrichment and individual initiative. Economic thinking
consequently shifted from a macro-economy, based on the central role of
the state (whose role consisted in gathering alms and taxes and distributing
them among its poor subjects), to a micro-economy, based on competitive
performances of the individuals. These doctrines characterised the debate
at the time of Muhammad ash-shayabani as far as the kitab al iktisab firrizq al Mustatab was concerned. Undoubtedly, the Kitab al-iktisab of
Shaybani was written to support the new ideology of work and earnings, as
I will demonstrate later on.
2. The Kitab al-Iktisab fir-rizq al Mustatab of Muhammad

ash-Shaybani
The main focus of the kitab al iktisab is neither on the subject of work nor
on the subject of earnings , but rather on the subject of piousness (al
Wara`( ) vgl. Bonner). Therefore the main subject of argumentation and
debate is devoted to discussing the concept of Tawakkul (assignment and
trust in God). As I will argue later, the kitab al-iktisab bears witness to two
contrasting streams or, more precisely, two ideologies concerning the
subject of Tawakkul. On the one hand, this involves the opinion of the Sufis
and ahl at-Taqashuff, that is, those who argue that the duty of human beings
consists in worship and trusting God. On the other hand (contrary to the
first group), there existed a doctrine which argued in favour of work and
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against tawakkul. Nevertheless, the Kitab al Iktisab is full of information

about the social and religious life of his time. In the next section, I will
sketch some aspects of the form of the Kitab Al-Kasb.
The Kitab Al-Iktisab fi-r-rizq al-Mustatab was unknown until recent
times. The first manuscript of this book was discovered 1938 and published
in Egypt. In the 1980s the Syrian researcher Suhayl Zakkar discovered
another manuscript of the book in Turkey and published it as the Kitab al
Iktisab of Muhammad Ash Shaybani. A third copy, with almost the same
content, figures in volume 30 of kitab al Mabsut of the famous Hanafi
scholar Abu Sahl as-Sarakhsi (d. 1106) (Sarakhsi, Mabsut, Vol. 30, p.234ff).
Currently we have at our disposal three cores of sayings attributed to
ash-Shaybani, but unfortunately we do not have the original book by
Muhammad ash-Shaybani. However, we do have the following works:
A book written by Ibn sama`a (d.234/853?), who was a student of
Muhammad ash Shaybani. In this book Ibn Samaa argues that he was asked
to write to write on the subject of Iktisab (saalani ba`dhu-n- naas). Instead
of writing his own opinions he wrote an abridgment of the opinions of
Muhammad as Shaybani. In the same book Ibn Sama`a argues that, due to
illness Muhammad ash Shaybani couldnt write the book. Instead he
dictated several talks about the subject of work. Ufortunately it is very
difficult to distinguish the opinions of Shaybani from those of Ibn Samaa
(Bonner). The second core of literature attributed to Shaybani consists of
the second part of the volume 30 of Kitab al Masbud of as-Sarakhsi who
lived in the eleventh and twelfth centuries in Transoxiany. In the Chapter
entitled Kitab al Kasb, Sarakhsi argues that his opinions about Kasb are
nothing but a commentary on the opinions of Muhammad ash Shaybani on
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the subject of Kasb. Thus we do have three bodies of literature related to

Kitab Al- Kasb of Muhammad ash- Shaybani:
a. The original opinions (the oral talks) of Muhammad ash

Shaybani about Kasb,

b. The core opinions/ the abridgment of Ibn Sama`a D(d.

234H/3d n. Ch.),
c. The commentary by as-Sarakhsi, which figures in Kitab al

Mabsut,
As I mentioned before, the three bodies of literature overlap and may not be
easily distinguished from each other. Nevertheless, the form and content of
these three works offer clues which help us to tell which is the main work
(the core of opinions of ash-Shaybani) and which is the initial work (that of
Ibn Samaa and Sarakhsi). This distinction is based primarily on sociolinguistic text analysis and the contextual interpretation of the three works.
Michael Bonner, who worked intensively on Kitab Al Kasb of Muhammad
and used it as an argument for his theory of the economy of poverty in
Islam, has listed some differences between the three texts. I will now
present a few examples of these differences:
The main aim of the Kitab al Iktisab is to encourage people to work and
earn their living by themselves. This book has been written in response to
the so-called Ahl At-tasawwuf / ahl at-taqashuf. The mutasawifa, referred
to in Kitab al Kasb as people who were against work, justify their
perception of work by saying that work is opposed to trusting God
(Tawakul). According to them, the duty of human beings is to pray and
praise god. On the economic level, this doctrine is based on the
interpretation of the notion of right (Haqq), which means that rich people
must give alms in the form of Sadaqa and Zakat, and that this should be
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distributed to poor people. (They use the Koran verse: (wa fihi haqqun
maaloum li Saili wal mahroum!). Furthermore, the mutaqashifa argue that
the terminology used in the holy Quran, which effectively incites people to
work (such as tijara, rihb, hisab, etc.), should be understood to have
symbolic meaning: according to them, Koranic incitations to tijara and ribh
refer to moral transactions with God, not to commercial transactions
betweenn human beings. Both Shaybani and Sarakhsi argue against this
doctrine of Tawakull.
Besides challenging the mutasawifa, the Kitab al iktisab refers only to a
group of opponents by name namely the stream of al-Karamiyya (Qalat al
Karamiyya). Unfortunately, this group was not known at the time of
Muhammad ash-Shaybani; Karamiyya, which is attributed to Ibn Karram
who lived between 190/806 and 255/869. this sufi movement flourished
as a pious movement in Khorasan and Transoxiany up until the
fourth/tenth century. Bonner therefore argues that this reference to al
Karamiyya was added later by as-Sarakhsi. It seems that Sarakhsi was
challenging this group, which was at the height of its power at this time in
central Asia. Furthermore one could argue that As-Sarakhsi used the
opinions and the authority of Mohamed ash- shaybani to challenge the
doctrine of tasawuuf, which was in vogue at his time. Thus the three works
of the Kitab al Iktisab of Muhammad reveal differences between the
preoccupations and challenges faced by Muslim scholars both in Iraq in the
ninth century and in central Asia in the eleventh century.
Applying the terms of literary criticism, we can speak here of an
architext (the work of Muhammad) and of subtexts which are written in
reference to this book. The form and content of the reproductions bear
witness to the relation between the metatext and its copies. In this regard it
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seems that Muhammad as shaybani and his kitab al Kasb created a general
form and list of contents that was to be debated by his successors.
Another example is related to the arguments used in Kitab al Kasb.
The Kitab al Kasb uses a large number of hadiths and traditions which
are attributed to the companions of the Prophet Muhammad Sahaba of
the prophet Muhammad. Compared to other literature written on the
same subject more recently, such as the kitab al alAmwal of Abu `Ubayd
(d.224/3d Century), or kitab al-Hath ala tijara of al khallal (d. ), the
Kitab al ishara fi mahasin at tijara of Abi Jaafar ad dimashqi (d. around
575H/ 12Century), the kitab al Makasib of al harith al Muhasibi (d.
243/10th Century) it is notable that many references used in the Kasb
are difficult to find in Hadith books like those of ibn Saad and Tabari.
This led Bonner to point out that the work of Shaybani belongs to a body
of literature that was in use during his lifetime, but which ceased to exist
thereafter. If we refer to the interpretation of Bonner and S. D. Goitein
before him, we could say that the new bourgoisie that dominated
political and economic life at the time of shaybani (and which was in
charge of writing down the oral religious literature) chose to write down
only works of literature which corresponded to its own ideology and
purposes. Consequently, another body of literature supporting piousness
and piety was neglected.
Furthermore, Bonner argues that the Quran and the Prophet were in
favour of poverty and that the formative period of Islamic history in the
Hidjaz was organised on the macro level: the state was responsible for
distributing wealth to poor people (he uses the example of hurb ar
ridda). The Sadaqa was understood to be a sort of Haqq (the right of
poor people). As a result of the shift of political power from Damascus to
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Bagdad, the organisation of the economy switched from the macro-level

to the micro-level. Therefore, work became the duty of the individual.
This introduced the change from the theory of Haqq (right) to that of
wajib (obligation).
In this sense, I would like to argue that the originality of Kitab al Kasb
consists in the fact that the Kitab al Kasb was written at a time when the
influence of foreign cultures on Muslim thought was not yet felt. Hellenic
writings about economics were translated into Arabic only after Shaybani
(in the third Muslim Century). The influence of Hellenic philosophy on
earnings (such as the book about economics by , attributed to the Greece
philosopher Bryson) made its mark in the period after Shaybani via the
literary genre know as Adab Tadbir al Manzil. Clues to the influence of this
book can be found in Sarakhsis Kitab al Kasb.
3. Finally I would like to debate the legal aspect of kitab al
iktisab:
The Kitab al Iktisab was written by a lawyer and could be considered as a
work of legal literature. The main issue it addresses is the qualification of
work. While Muhammad qualifies work as an obligation, his opponents
qualify tawakkul as an obligation. For both Shaybani and Sarakhsi after him
qualify work as a religious obligation (fardh) I quote Seeking to earn is an
obligation for every Muslim, just as seeking Knowledge is an obligation
(translation of Bonner) ()" , (end
of Quotation). This opinion differs from that of the mutaqashifin and of alKarramiyya, which later qualifies work as being abominable/ Makrouh :
The doctrine of the mutaqashifa holds that Tawakul is a religious obligation
(fardh). According to the mutaqashifa, work stands in contrast to trust
(tawakkul). They argue that, if someone doesnt find anything to eat, then
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work will be permissible (mubah). For Shaybani, people are asked to work
in order to assure that they have enough to eat. If this goal is reached, one is
allowed to stop working and spend the whole time praying. In short,
tawakkul is mubah; work is an obligation.
The issue we are dealing with here is the way in which work is qualified
with the commandments of Islamic law. The discussion presented in Kitab
al Iktisab shows that the religious commandments were being debated at
the time of ash Shaybani (2nd century). Shaybani was trying to explain his
judgment time and again by making an analogy between working and
studying (whereby both working and learning are obligations). In the
Hanafi legal literature, there are two meanings of the term Fardh: 1. an
obligation(arb. Fardh) and 2. As a necessity(Wajib). It seems that this
distinction was not developed at the time of Shaybani. The Kitab al Iktisab fi
rizq al Mustatab therefore bears witness to the time in which the legal
norms (ahkam) were still being debated in the formative period of the
schools of law.
Conclusion:
Although understudied, the Kitab al Iktisab attributed to Shaybani
demonstrates that work ethics has many aspects: a religious aspect, a social
aspect, an economic aspect. Furthermore, the Kitab al Kasb testifies to the
fact that there were many points of view concerning work in Muslim
culture. The domination of ideology in support of explains that the Kasb as a
genre was born out of social and economic need. Furthermore, the Kitab Al
Kasb and its commentaries and abridgments offer an opportunity to study
the relation between different texts, that is, their intertextuality. It also
offers the opportunity to study the birth of new literary genres and their
relations to other subgenres in Muslim culture.
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