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Chess in the Light of the Jurist

Hamza Yusuf

P
l ay e d a l l o v e r the world by an philosopher Sissah, for the Indian ruler
people of all faiths, the game of Shihr¥m (Shah R¥m, according to Emir
chess is enjoyed privately and pub- ¢Abd al-Q¥dir).1 Though Ibn Khallik¥n
licly as a pastime as well as a serious com- did not mention the era of the inventor,
petitive endeavor. Most likely, though, few according to Western historical sources,
Muslims stop to think about the legal rul- the origins of chess date to around 500 CE
ing of playing chess in the shariah (Islamic in India. In addition, historians have identi-
sacred law). According to the juristic com- fied five distinct periods in the progression
munity of Muslim scholars, collectively of the game that we know today as chess.
known as the fuqah¥’, every human action The first is the Sanskrit period, which
(including playing chess!) falls under one extended from 500 to 700 CE, followed by
of five categories: obligatory (w¥jib), recom- the Persian period, which lasted approxi-
mended (mand‰b), permissible (mub¥^), mately one hundred years; next followed
discouraged (makr‰h), and prohibited the Arabic period, which began with the
(^ar¥m). This paper examines the origins Muslim conquest of Persia in the mid-sev-
of chess, the varied opinions among the enth century and lasted until around 1000
scholars, the benefits and harms of play- CE, when chess entered Europe through
ing the game, and what this signifies to us the Moors of Spain; this medieval period
today. lasted from 1000 to 1600, leading to the
modern period, which continues until
The Origins of Chess today.
According to Ibn Khallik¥n (d. 681 The word “chess” is derived from the
AH/1282 CE), the notable historian and Sanskrit word sh¥h, which is retained in the
biographer, chess was invented by the Indi- language of chess today. “Checkmate” is

Hamza Yusuf was born in Washington State and raised in northern Cal-
ifornia. After becoming Muslim in 1977, he pursued a rigorous course of
studies abroad in the UAE, Saudi Arabia, as well as North and West Af-
rica, acquiring teaching licenses in various Islamic subjects from several
well-known scholars in those regions. After ten years of studies overseas,
he returned to the US and obtained degrees in religious studies and health
care. He soon became an international speaker on various topics related
seasons | spring 2006 |

to Islam and Muslims and is the first American lecturer to teach in Mo-
rocco’s prestigious and oldest university, the Karaouine in Fes. In 1996, he co-founded Zay-
tuna Institute, which has established an international reputation for presenting classical Islam
in the West. In addition, he has translated into modern English several traditional Arabic texts
and poems. His published works include The Content of Character: Ethical Sayings of the
Prophet Muhammad s and Purification of the Heart: Signs, Symptoms, and Cures
for the Spiritual Diseases of the Heart. His translation of The Creed of Imam al->a^¥wÏ
is soon to be published. He resides in northern California with his wife and five children.
OPPOSITE PAGE: PHOTOGRAPH BY TERRY EATON
3
derived from the Arab remark on defeating people in the past, as in the present, rarely
Hamza Yusuf

an opponent: “sh¥h m¥t,” meaning, “The walked; they preferred to ride in chariots,
king is dead.” It was, in fact, the Arabs who carriages, or other forms of transportation.
spread chess far and wide. In chess, they The Spanish word “peon” (a low menial
found a game that mirrored well real-life worker who performs the worst types of
strategies used in pre-modern warfare and labor) is a direct cognate of “pawn.”
considered it a useful tool for inculcating In early Indian chess, if a pawn made it
calculated and strategic maneuvers in an to the other side of the board, it was pro-
aspiring military cadet. The Arabs call it moted to mantri, the ancestor of the queen
sha~ranj, a word derived from the Sanskrit in today’s chess. This promotion is akin to
chaturanga, which is a compound word a non-commissioned infantryman being
consisting of two Sanskrit roots chatur, promoted to second lieutenant today. (The
meaning “four,” a cognate of “quarter,” mantri had the power to move like the king:
and ranga, meaning “arms.” Ranga had one square in any direction.) After the
the same technical meaning of “arms” in spread of chess in Persia, the names of the
English, i.e., armed forces. Ancient Indian pieces were adopted into Farsi. The r¥jah
armies were composed of four sections or became sh¥h (king), the mantri became
“arms”: chariots, cavalry, elephants, and farzÏn (queen—and later firz in Arabic), the
infantry. Chaturanga asva became asb in
referred to the Persian (horse—and
GAMES, RECREATION, FUN,
whole armed forces, later faras in Arabic),
as in the branches AND VACATIONS ALL HAVE the gaja became
of the army. Even pÏl (elephant—and
THEIR PLACE IN OUR LIVES, BUT
today, we talk about later fÏl in Arabic),
THE TRAGEDY OCCURS WHEN
the armed forces of the wazÏr became
a nation consisting THOSE ACTIVITIES BECOME THE “minister” and then
of four basic “arms”: “bishop” in Europe,
PURPOSE OF OUR LIVES.
air, sea, ground, and and the raka (boat)
amphibious forces. became rukh in
We still have the four-based “arms” of the Persian (chariot). The Arabs retained the
military. Sanskrit armies took the very posi- Persian rukh, and the word finally became
tions of current chess pieces; the rank and “rook” in Europe.
file of an Indian army consisted of chariots The Arab period of chess began with
on the flanks, with cavalry next to them, the Muslim invasion of Persia in 20/641;
and then the ministers and sovereigns were a rapid coalescence of Arab and Persian
positioned in the center. cultures occurred, in which the Arabs had
The Latin padati, which Arabs call bay- a religious and linguistic influence on the
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daq or “foot soldiers” (pedonis in Latin), Persians, and the Persians had an immense
is the word from which we get our word scientific, literary, and governmental influ-
“pawn.” We still refer to people who walk ence on the Arabs.2 The Arabs adopted
on their feet as “pedestrians,” a word that, some new rules for the newly acquired
like “pawn,” also carries a related pejorative game of chess, including the current move
meaning. For example, “pedestrian prose” of the horse—i.e., leaping two squares even
means dull and uninspiring, something over other pieces and then moving one
that needs to get “off its feet.” Wealthy square to the right or left. An immense lit-
4
erature developed in the Arabic language

Chess in the Light of the Jurist


on the game and how to play it to win.
Chess tactics were seen as a powerful meta-
THE SCHOLARS OF THE PAST,
phor for the game of life and actual strate-
gies of pre-modern warfare. It was the Arab MORE THAN OTHERS, UNDERSTOOD

form of chess that entered into Europe and THE PRECIOUS VALUE OF TIME.
evolved into the modern game enjoyed
today. An interesting linguistic carryover to
society was the description of someone who lusian Spain, Muslim Sicily and southern
arose from being insignificant to becoming Italy, and finally the Balkans and Turkey.
someone important; such a person was said Chess, as played in thirteenth-century
to have “elevated from a baydaq to a firz” (a Europe, was identical to the Arabic version
pawn to a minister). In the meritocracy of played throughout the Muslim world. By
the Muslim world, a person of humble ori- 1600 CE, the Europeans had introduced
gins could, through merit, rise to the high- several innovations to speed up the game
est levels of social status—a phenomenon and enhance its strategic variations. The
unheard of in most pre-modern societies. most important of these was feminizing the
“Being queened” became an analogy for firz, who was understood to be a general or
someone who rose from humble begin- minister, liberating her as the queen and
making her the most powerful piece on
the board, something that probably would
http://history.chess.free.fr/first-persian-russian.htm

have engendered a good deal of conster-


nation among many of the Arabs who
bequeathed the game to the Europeans.
The other interesting innovation was the
added power afforded the queen: while
retaining the idea from Indian chess of
boosting the value of the pawn by making it
a potential queen, the Europeans gave the
queen much more power, enabling her to
move like a rook and a bishop, which made
the pawn essential to a strong endgame.
It is of interest to note that two of the
IRANIAN CHESS PIECE most important contributions to civiliza-
8TH – 11TH CENTURY CE tion that Europeans, and by extension
Americans, take pride in are women’s legal
nings to achieve rank and stature in society. equality with men, and the idea of a truly
seasons | spring 2006 |

According to Oxford English Dictionary, “to meritocratic state that honors achievement
queen” is to “convert a pawn into a queen irrespective of race, color, creed, or gen-
when it reaches the opponent’s side of der, in which even the lowest person could
the board.” In the Muslim world, through one day become president. Both ideas have
effort and skill, a humble pawn could be their roots in Islam’s contribution to the
elevated to aristocracy in the game of life. world and are profoundly symbolized in
Chess entered Europe through three the European innovations to the game of
routes, all from the Muslim world: Anda- chess.
5
Hamza Yusuf

FREER AND SACKLER GALLERIES, THE SMITHSONIAN INSTITUTION


PERSIAN YOUTH PLAYING CHESS WITH TWO SUITORS
ILLUSTRATION TO THE HAFT AWRANG OF JAMI, 16TH CENTURY

Jurists’ Responses to the Game of Chess cal rulings). Contrary to the Orientalists’
In the sacred law of Islam, every human claims that the gates of ijtih¥d were closed
act has a corresponding legal ruling. Many in the ninth century CE, ijtih¥d has always
of these acts are simply derived from com- been an active endeavor of the community
mon sense and do not require learning, of jurists throughout the Muslim world.4
such as drinking a glass of water. However, When chess first arrived on the scene,
rulings on even simple acts can become scholars had different responses to it (as
more complicated than one may expect. scholars are wont concerning any new mat-
For instance, to drink a glass of water is ter), but all agreed that if any gambling was
permissible (mub¥^), but what about drink- involved (i.e., a player bets another player
ing it standing up, or drinking it in a cup or those watching bet over the players),
made of silver or gold? What about drink- then it is prohibited. However, scholars
ing from a private well one passes by? It is reached three different rulings concerning
not as simple as it seems, as each one of chess that is played devoid of gambling.
these situations has a specific ruling. Often,
rulings cannot simply be determined by First Opinion
common sense; hence the need arises for According to the first opinion, playing
two important human endeavors: first, chess is prohibited; this is the majority
| spring 2006 | seasons

learning the sacred law, and second, exert- opinion of the ¤anbalÏ scholars and the
ing one’s utmost intellectual and spiritual stronger opinion among the ¤anafÏ schol-
energy to derive legal rulings concerning ars; also, Imam M¥lik (d. 179/795) has a
new matters that arise and necessitate a narration stating its prohibition. According
legal ruling.3 Developing legal rulings has to Ibn Qud¥mah (d. 620/1223), ¤anbalÏ
always been the job of the jurists (fuqah¥’) scholars say, “As for chess, its ruling is
known as mujtahid‰n (those jurists quali- similar to the prohibition of games of dice;
fied to make ijtih¥d, or independent juridi- however, [the ruling against] games of dice
6
is stronger given the explicit prophetic text (d. 204/819) that when M¥lik was once

Chess in the Light of the Jurist


prohibiting them. Nevertheless, in reality, asked about chess, he replied,
chess is identical to games of dice—such as
There is no good in it. It is nothing. In
backgammon—and its ruling is arrived at
fact, it is meaningless, and such diver-
through analogical reasoning.”5 However,
sions are all meaningless. Indeed, an
in his brilliant work Nayl al-aw~¥r, Imam
intelligent and rational person’s beard
al-Shawk¥nÏ (d. 1250/1834) considered
and grey hairs should constrain him
playing chess as a matter that lies in the
from such meaningless pursuits.8
grey area (among the mutash¥bih¥t) and
only recommended avoiding it.6 Once, Imam Sa^n‰n (d. 240/854) asked
The ¤anafÏ position stated that play- Ibn al-Q¥sim (d. 191/806), M¥lik’s primary
ing chess was prohibited, but of a lesser and most esteemed student of jurispru-
category of prohibition than outright pro- dence, “What do you think about chess and
scription. ¤anafÏ scholars termed the rul- checkers players? Is their legal testimony
ing of playing chess “highly discouraged” valid in M¥lik’s opinion?”
(kar¥hiyyah ta^rÏmiyyah), if the game was Ibn al-Q¥sim replied, “M¥lik said that the
free of gambling, not habitual, and did not testimony of one who is addicted to chess
preoccupy its players from any obligation; should not be accepted. But if he plays it
if it did not fulfill any of these conditions, every once in a while, then I think that his
the game was deemed completely prohib- testimony is valid, if he is considered an
ited. ¤anafÏ scholars felt that playing chess upright and just person.”
should be avoided for two reasons: preoc- Furthermore, Imam Sa^n‰n said, “M¥lik
cupation with chess would cause people disliked chess and considered it worse than
to forget about their worldly concerns, backgammon, whether one played a little
which would result in serious problems in or a lot.” Imam al-¤a~~¥b (d. 954/1547)
the next life; secondly, deeming it permis- considered M¥lik’s words to indicate
sible would help Satan fight Islam and the discouragement and not prohibition, but
Muslims, as it would provide him a means most of M¥lik’s followers deemed chess
to preoccupy them with the frivolous game impermissible.9
to the dereliction of duty in momentous The most authoritative of the later
matters.7 M¥likÏ books of jurisprudence is Mukhta|ar
As for the M¥likÏ scholars, Imam KhalÏl (The Abridgement of KhalÏl), which
al-Qur~ubÏ (d. 671/1273) mentioned that is a book of M¥likÏ legal statutes based
Y‰nus (d. 227/842) related from Ash^ab upon the Mudawwanah of Imam Sa^n‰n.
In KhalÏl’s The Book of Testimony, playing
“THE WHOLE POINT OF WAR chess is, in fact, mentioned as a factor that
renders one an unsound witness in legal
IS TO CAPTURE THE KING OR
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cases. KhalÏl (d. 767/1366) states,


KILL HIM, AND WHEN PLAYING
[One’s testimony is not valid in cases
CHESS ONE POLITELY SAYS,
of] habitual foolishness; checker play-
‘WATCH OUT SHAH ! NOW MOVE ing [and backgammon, even without
gambling involved]; a virtuous person
YOUR KING OUT OF MY WAY!’”
who abandons public comportment [by
IMAM AL-ṬARṬŪSHĪ playing games of chance, even if there

7
Hamza Yusuf

is no gambling involved] or listens to HARŪN AL-RASHĪD’S COURT WAS


music [due to it leading to a loss of
KNOWN TO WELCOME CHESS
comportment, although it is considered
discouraged as long as no inappropri- MASTERS WHO COULD PLAY

ate behavior is associated with it, such as BLINDFOLDED, SINCE THAT


foul lyrics or incitement to inappropri-
DEMANDED A HIGH LEVEL OF SKILL
ate behavior, and it was free of stringed
instruments, in which case it is deemed AND A POWERFUL MEMORY.

prohibited];10 [occupations of] tanning


and weaving by choice;11 and constant or prohibited, in both cases, testimony
chess [playing, which means more than is not accepted from a chess player
once a year].12 who plays it on a continual basis.” Ibn
Rushd states, “There is no disagreement
Commenting on the statement per-
among M¥lik and his companions that
taining to chess, Imam al-Das‰qÏ (d.
habitual playing is a character flaw, and
1230/1815) says,
a weak opinion has it that habituation
The literal text would imply that play- entails playing more than once a year.
ing chess is not prohibited, given that Scholars have stipulated that habitual
he [KhalÏl] mentions it among matters playing (idm¥n) applies to chess alone
that are inappropriate behavior for as opposed to dice, i.e. backgammon,
virtuous people and stipulates that the palm-fronds [an early Arabian game of
game is not played constantly. Imam chance played with palm leaves], check-
al-Qar¥fÏ’s educated opinion is that it is ers, and mancala, due to the sound dif-
discouraged [and not prohibited], but ference of opinion regarding its permis-
the [M¥likÏ] school considers playing sibility. Indeed, narrations have been
chess prohibited, and Imam al-¤a~~¥b transmitted mentioning that a group
says, “An opinion states that if one plays among the t¥bi¢Ïn13 used to play chess.”14
it with a peer in private and not with hoi
Second Opinion
polloi, [it is not prohibited]. However,
The second opinion about the matter is
whether one considers it discouraged
that playing chess is discouraged but not
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8
prohibited, and this is the position of the

Chess in the Light of the Jurist


http://history.chess.free.fr/first-european.htm
school of Imam al-Sh¥fi¢Ï (d. 204/820).
Imam al-NawawÏ (d. 676/1277), the most
authoritative later voice in the Sh¥fi¢Ï
school states, “Our school’s opinion is that
[playing chess] is discouraged but not pro-
hibited.”15 Imam al-Ghazz¥lÏ (d. 505/1111)
conferred with Imam al-NawawÏ and added
in his al-WajÏz that its discouragement
was contingent upon habituation.16 Imam
MEDIEVAL CHESS SET
al-SubkÏ (d. 756/1355) added, “We consider
11TH CENTURY ITALY
it [the opinion of permissibility of playing
chess] to be like clear and evident truth . . . b. ¢Urwah (d. 146/763) played the game
and an impartial person, who has removed together with their backs turned from the
bias from his ego and examined the textual board, like Sa¢Ïd. Imam al-BayhaqÏ also men-
proofs of the two positions, would have to tions that al-Sha¢bÏ used to play it as well,
agree [with the Sh¥fi¢Ï school].”17 The most but he did so out of sight of religious pil-
likely reason for Imam al-SubkÏ’s insistence grims.19 Playing chess is permissible accord-
on this position is that the great scholars of ing to the opinion of some of the major
Islam detested that anything be prohibited scholars of the first generation among the
without absolute and unequivocal proof. t¥bi¢Ïn; furthermore, great scholars within
For example, Imam M¥lik rarely used the the four canonical schools hold the same
word “haram” (prohibited); instead, he position, including Ab‰ Y‰suf al-¤anafÏ (d.
preferred to say, “I don’t like that.” 182/798), Emir ¢Abd al-Q¥dir al-Jaz¥’irÏ
al-M¥likÏ (d. 1300/1883), Imam al-Ghazz¥lÏ
Third Opinion al-Sh¥fi¢Ï, and others; however, all of them
Lastly, a group of scholars deemed play- placed the caveats that one’s playing chess
ing chess permissible (mub¥^). Among this not be habitual and that it not cause one to
group are some of the greatest scholars of neglect his or her duties, especially that of
the early period, including Imam al-Sha¢bÏ the obligatory prayer in its proper time.
(d. 105/723), who was known to play the Qadi Ab‰ Bakr al-M¥likÏ (d. 543/1148)
game. According to Imam al-BaghawÏ (d. mentions in his Rihlah that he had learned
510/1117), an authoritative scholar of the game and played it well; he relates a sto-
hadith and tafsÏr (Qur’anic exegesis), the ry in which he plays with a wealthy man on
devout and pious t¥bi¢Ï,18 Sa¢Ïd b. Jubayr a boat. However, that incident took place
(d. 95/714), used to play chess with his before he met the staunch M¥likÏ scholar
back turned toward the board, a feat Imam al->ar~‰shÏ (d. 520/1126) whose
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Arab chess masters prided themselves on. rigidity on such matters is well-known and
In fact, Har‰n al-RashÏd’s (d. 193/809) reflected quite a different view than what
court was known to welcome chess masters the young Andalusian would have learned
who could play blindfolded, since that in his native Seville, a city so notorious for
demanded a high level of skill and a power- its music and gaiety that one Andalusian
ful memory. According to Imam al-BayhaqÏ scholar remarked, “If a musician in Cordo-
(d. 458/1066) in the Sunan al-kubr¥, both ba died, his instruments were sent to Seville
Imam Ibn SÏrÏn (d. 110/728) and Hish¥m to find buyers; and if a scholar in Seville
9
died, his books were sent to Cordoba to folly in human behavior. Ibn AbÏ al-Duny¥
Hamza Yusuf

find buyers!” In a later, more serious book, (d. 281/894), one of the greatest of the
Qadi Ab‰ Bakr mentions, early imams and a stern critic of frivolous
activities was, nonetheless, known for his
Imam al-Sh¥fi¢Ï held that the game was
humor and reportedly joked one day with
permissible, and some scholars even
the Caliph al-Muwaffaq (d. 278/891), caus-
claimed it was recommended (mand‰b)
ing him to laugh so hard that he fell off his
and practiced it in religious seminaries.
chair.
Thus, if one of the students tired of his
The soundest and most compelling posi-
studies and recitation, he would play a
tion is that of the great Andalusian scholar
little chess, even in the mosque. Some
Imam Ibn ¢Abd al-Barr, who stated,
claimed that some of the companions
of the Prophet s played the game, but The final say in the matter in M¥lik’s
that definitely never happened. I swear school, as well as the majority of jurists,
by God! A pious person’s hand never is that as long as one is not gambling
touched the game of chess. They even when playing [chess] and plays the
claim it sharpens the intellect, but our game in the privacy of his own house,
own experience denies that. No man of perhaps once a month or once in a
intellect ever wasted his time plumbing year, and does not advertise this fact
its depths. I heard Imam Ab‰ al-Fa\l nor let others see him, then it is over-
¢A~¥’ al-MaqdisÏ mention in the Furthest looked and not prohibited for him
Mosque Sanctuary of Jerusalem that or even discouraged. However, if he
the game taught one the tactics of war. openly plays chess and becomes habitu-
Imam al->ar~‰shÏ immediately refuted ated to its practice, his dignity is lost as
him saying, “On the contrary; it corrupts well as his legal status of uprightness,
one’s martial instincts! Look, the whole and his testimony is rejected. All of this
point of war is to capture the king or indicates that playing chess is not pro-
kill him, and when playing chess, one hibited in and of itself. If that was the
politely says, ‘Watch out shah! Now case, it wouldn’t matter whether one
move your king out of my way!’”20 He played a little chess or a lot. However,
made everyone present laugh at his this [ruling of permissibility] is only if
remark. 21
the person does not feel compelled to
play nor plays all the time. A little play is
Qadi Ab‰ Bakr’s remark, “He made every-
overlooked.22
one present laugh,” wonderfully illustrates
his wry tongue-in-cheek humor, as he made In the same compendium, he mentions,
the statement. The sense of humor these
As for chess, the difference concern-
men had drastically differs from the dry
ing it is of a different nature than
| spring 2006 | seasons

puritans who cannot see the humor and


that concerning backgammon, since
many scholars have permitted playing
“I SOMETIMES USE PURPOSELESS
chess that is free of gambling. Those
THINGS TO REINVIGORATE MYSELF scholars who gave a license (rukh|ah)
FOR PURPOSEFUL THINGS.” permitting playing chess that is free of
gambling include, Sa¢Ïd b. Musayyab,
ABŪ AL-DARDĀ’ g Sa¢Ïd b. Jubayr, Mu^ammad b. SÏrÏn,

10
Chess in the Light of the Jurist
Mu^ammad b. al-Mukandar, ¢Urwah b.
“IT IS NOT THAT WE HAVE A SHORT
Zubayr and his son Hish¥m, Sulaym¥n
b. Yas¥r, Ab‰ W¥’il, al-Sha¢bÏ, al-¤asan TIME TO LIVE, BUT THAT WE WASTE A

al-Ba|rÏ, ¢AlÏ b. al-¤asan b. ¢AlÏ, Ja¢far b. LOT OF IT. LIFE IS LONG ENOUGH . . .
Mu^ammad, Ibn Shih¥b, RabÏ¢ah, and
FOR THE HIGHEST ACHIEVEMENTS
¢A~¥’.23
IF IT WERE ALL WELL INVESTED.”

The Proofs of Those who Prohibited Chess SENECA

Juristic methodology follows a process


of legal reasoning used to arrive at a judg- ¤ajar (d. 974/1567) states, “Nothing what-
ment concerning any human belief, word, soever from the Prophet s concerning
or action. First, the jurist looks into the chess has been established.”25 However,
Qur’an to see if there is any mention of the Ibn AbÏ Shaybah (d. 235/849) relates a
matter, either explicitly or implied. Second, statement of Imam ¢AlÏ g (d. 40/661) in
he or she looks into the hadith collections which he says, “Backgammon and chess are
to determine whether the Prophet s made both types of maysir (gambling).” The state-
mention of the matter, then looks to the ment is a clear reference to a verse from
|a^¥bah (the Prophet’s companions), and the Qur’an, which clearly prohibits maysir:
then to the early scholars to see what they “Believers, wine and gambling (maysir) and
idolatry and divination are nothing but abomi-
nation from the works of Satan, so avoid them
PHOTOGRAPHER : A ARON HAROON SELL ARS

that you may thrive.”26 Maysir was a specific


game of chance in pre-Islamic Arabia that
involved using arrows for winning slaugh-
tered camels. This tradition, which is not
considered sound by several hadith schol-
ars, is nonetheless the soundest statement
regarding the matter at hand that we have
from a companion of the Prophet s. More-
over, it does not indicate the prohibition
of playing chess in and of itself but only if
it is associated with gambling, which is the
said, checking to see if there was a consen- condition that the scholars who permitted
sus on the matter. Finally, the jurist turns it placed upon its prohibition. Several state-
to analogical reasoning to see if there is ments (¥th¥r) of some |a^¥bah and early
some precedent that is similar in its ratio- scholars, such as M¥lik, are mentioned in
seasons | spring 2006 |

nale in any of several ways that may cause the arguments prohibiting chess, but none
it to share the same legal ruling.24 Other have any definitive proof.
ancillary considerations exist within the In the final analysis, the strongest proofs
principles of u|‰l, but it is not within the for the prohibition of playing chess come
scope of this paper to explore the method- from analogical reasoning (qiy¥s). A clear
ologies of u|‰lÏ scholars. and sound hadith found in the Muwa~~a’
There is no mention of chess in either states, “Whoever plays backgammon has dis-
the Qur’an or the Sunnah. In fact, Ibn obeyed God and His Messenger.” In Imam
11
fulfill them. For this reason, Muslim jurists
Hamza Yusuf

ISLAM DOES NOT DEPRIVE PEOPLE


hesitated to condone anything that wasted
OF ENJOYMENT, BUT ITS PRECEPTS one’s time without benefit, other than acts
that the Prophet s had clearly said are
DEMAND OF US A LEVEL OF
useful: playing with one’s spouse, spending
SERIOUSNESS, COMMITMENT, AND
time with one’s children and family, and
CONCERN WITH OUR INDIVIDUAL AND engaging in sports that displayed martial
valor and character, such as horsemanship,
COLLECTIVE HUMAN CONDITION.
archery, swimming, and swordplay.
Muslim’s version, the hadith is, “Whoever Nevertheless, the Prophet s enjoyed life
plays backgammon has dipped his hand and encouraged others to do so. During
into the flesh and blood of a pig.” Com- festive times, such as holidays and wedding
menting on this, Qadi Ab‰ Bakr states, ceremonies, he encouraged entertainment,
including singing and dignified manly
The resemblance lies in that backgam-
dancing (^ajal) that could be performed
mon is a prohibited pleasure of the
in front of the women. (He did not per-
ego, and pork is a prohibited pleasure
mit women to dance in front of men other
of the stomach. Moreover [a proof by
than their husbands to avoid other men
analogy exists for the prohibition of
being aroused and to deter lustful gazes
playing chess as] chess is the brother of
from other men that degrade a woman’s
backgammon, weaned from the same
stature and dignity.) According to Imam
breast, and is identical in its ability to
al-Bukh¥rÏ in his al-T¥rÏkh, the Prophet’s
preoccupy people, waste their time,
companions once had a food-fight with the
and cause them to forget God and the
leftover rinds of watermelon. The Prophet
prayer.27
s also witnessed a food-fight among the
Scholars have argued, however, that this womenfolk of his household and laughed
reasoning is faulty due to a clear disparity heartily. He listened to his companions talk
(f¥riq). Backgammon is clearly a game of about their silliness before Islam and to
chance that is closely related to the Arabian their stories about the foolish things they
maysir; it also very often involved gambling. did without reason and would laugh until
Chess, on the other hand, is a game of skill his molars showed. He joked but always
that demands deep thought and strategy. told the truth. He was not a prude, nor
Also, there is a clear military benefit in the was he a puritan who did not appreciate
game of chess, as it involves situations that human weakness and folly. Far from fanati-
mimic real battlefield conditions, accord- cism, he despised extremism and zealotry,
ing to Emir ¢Abd al-Q¥dir, who was both a and loved gentleness and compassion,
M¥likÏ scholar and a successful battlefield even with his enemies. He was a lion on
| spring 2006 | seasons

commander adept at chess.


WE SHOULD USE OUR TIME TO BETTER
Conclusion
OURSELVES AND IMPROVE CONDITIONS
Islam is a religion based on revelation
that deems the human being nothing less FOR OTHERS, AND THIS DOES NOT

than the vicegerent of God. The work of EXCLUDE UTILIZING OUR TIME FOR
the world never ends, and one’s obliga-
RECREATION AND RENEWAL.
tions are greater than the time allotted to
12
the battlefield, but once the battle was over walked in the marketplace and saw people

Chess in the Light of the Jurist


and the day won, he showed immense mag- playing backgammon, he wished he could
nanimity that overwhelmed even his worst buy with gold the time they were wasting
enemies. He took life seriously and warned so that he could use it wisely. Islam is not a
us not to spend our lives in vain pursuits. harsh religion, nor a religion that deprives
He reminded us that while laughter has its people of enjoyment, but it is a religion that
place, it should not become such a central demands a level of seriousness, commit-
part of our lives that we fail to recognize the ment, and concern with the human condi-
gravity of life and the misery in which many tion. We should use our time to better our-
less fortunate people live. He smiled much selves and improve conditions for others,
of the time and hence was called “the smil- and this does not exclude utilizing our time
ing one” (al-\a^^¥k). He said, “To smile in for recreation and renewal. A companion
the face of your brother is charity.” of the Prophet s, Ab‰ al-Dard¥’ g said, “I
The Prophet’s statements about such sometimes use purposeless things to rein-
things as playing backgammon reflect his vigorate myself for purposeful things,” and
seriousness and concern that is the essence of recre-
for his community. He ation. We all need “down-
reminded us that, “Most of time” to relax and restore
humanity cheat themselves ourselves for the challenges
of two precious things: of life and the preparation
good health and leisure.” for the next life. Games,
Leisure in Arabic is far¥gh, recreation, fun, folly, silli-
which means “emptiness.” ness, and vacations all have
It is the time one is free their place in our lives, but
of preoccupation. Most of the tragedy occurs when
us fill that time with trivial those activities become the
pursuits, such as watch- purpose of our lives, and
ing television, listening to the true purpose of life is
music, playing games, and entirely missed. Our efforts
engaging in empty chatter. Before we know are directed towards recreation: we work
it, our lives are gone. Our seconds become to play, believing that the week is only an
minutes, our minutes hours, our hours excuse for the weekend. The world is filled
days, and our days years, until suddenly we with people who are “killing time,” com-
find that our lives are over, and what have pletely unaware that time is actually killing
we accomplished? “By time, surely humanity us. One day, we will wake up and have to
is in loss except those who believe and do good face our lives in their entirety. According to
works, and enjoin each other to the truth and to Imam al-Awz¥¢Ï (d. 157/774), everyone will
seasons | spring 2006 |

patience.”28 This surah reminds us that time watch their lives from start to finish on the
is our capital—each minute is irreplace- Day of Judgment. No one will be allowed
able, and either we invest it in the next life to interrupt to edit or to explain. What we
or squander it here in an inevitable pro- watch will simply be a rerun of our entire
gression toward spiritual bankruptcy. lives, yet this time around, we will be pain-
The scholars of the past, more than oth- fully aware of the meaning that eluded us
ers, understood the precious value of time. the first time because we were not paying
One of the early scholars said that when he attention. The Stoic philosopher Seneca
13
(d. 575 BH/65 CE) said, “It is not that we 4 The only closure—if there was one—was
Hamza Yusuf

have a short time to live, but that we waste on what is known as “absolute ijtih¥d” that
a lot of it. Life is long enough, and a suf- historically was achieved by a handful of
ficiently generous amount has been given scholars in the early part of Islam and later
to us for the highest achievements if it were considered impossible to achieve. However,
all well invested.”29 although many consider this door closed
If playing chess once concerned the and locked, it has always been viewed as a
scholars of Islam, what would they say to door that is possible for one to enter, if one
us today about our habits of watching tele- has the key.
vision and films and playing videogames, 5 Ibn Qud¥mah, al-MughnÏ li Ibn Qud¥mah
about our endless conversations on cell (Cairo: D¥r al-¤adÏth, 1996), 9:170.
phones and on-line chatting, or about the 6 Imam Shawk¥nÏ, Nayl al-aw~¥r (Cairo:
hours that we spend surfing the net and Mu|~af¥ al-B¥bÏ, al-¤alabÏ, 1952), 7:96.
reading empty blogs written by people with 7 Mu^ammad AmÏn b. ¢Umar, ¤¥shiy¥t radd
little to say and less to do? Our scholars’ al-mu^t¥r ¢al¥ al-durr al-mukht¥r Ibn ¢®bidÏn
concern was our salvation and well-being, (Cairo: al-B¥bÏ al-HalabÏ, 1386/1966), 6:394.
and while Muslims today may see them as 8 Imam al-Qur~ubÏ, TafsÏr al-Qur~ubÏ (Cairo:
zealous or fanatics, on the Day the Debts D¥r wa Mat¥bi¢ al-Sha¢b, 1961), 8:237.
fall due and we are taken to account for 9 KhalÏl b. Is^¥q al-JundÏ, ¤¥shiyat al-Das‰qÏ
every moment of our lives, those scholars ¢al¥ KhalÏl (Beirut: D¥r al-Fikr, n.d.), 2:167.
will be seen for the giants they were, and 10 Stringed instruments are considered
their counsel to us will be a bitter taste of prohibited according to the dominant
remorse in our mouths. view of the four Sunni canonical schools of
thought. However, there are strong voices
NOTES of disagreement among all of the schools.
1 Ibn Khallik¥n, Wafay¥t al-a¢y¥n (Beirut: D¥r In the M¥likÏ school, Qadi Ab‰ Bakr b.
ߥdir, 1977), 4:357. al-¢ArabÏ and Imam al-Wazz¥nÏ considered
2 There is, however, a subtle and significant stringed instruments permissible. Both
spiritual influence that the Persians had on Andalusian and Moroccan Islam have
their newly adopted religion, and the ripples long-standing traditions of orchestral music
of that influence continue to emanate today. and singing that many of the local scholars
3 For instance, water is pure unless have permitted with conditions of propriety
contaminated by an impure substance, such and the absence of neglect concerning
as urine. What do we consider the state of one’s obligations. The soundest position
water that was once contaminated with in the four schools is prohibition, but it is
impurities, rendering it unusable according important to note that the prohibition is not
to sacred law (for matters sacred or secular), of the music itself; rather, it is of the ensuing
| spring 2006 | seasons

and then purified in machines and recycled? consequences. This type of prohibition is
According to sacred law, is such water now known in u|‰l as ta^rÏm al-wa|¥’il or “the
considered pure? This was not an issue prohibition of means.” Because the matter
even a hundred years ago, let alone 1,400 is not agreed upon, and the official AzharÏ
years ago. Yet we now have whole cities that fatwa issued in their journal Bay¥n al-^aqq is
use water that was contaminated and then that music is only prohibited if it entails the
purified not through the hydrological cycle prohibited but not in and of itself, Muslims
of nature but through the ingenuity of man. must be vigilant and not condemn those
14
who do not follow the dominant position, as Bakr b. al-¢ArabÏ (Beirut: D¥r Gharb al-Isl¥mÏ,

Chess in the Light of the Jurist


the matter is one of difference of opinion, 1992), 3:1140.
and the juristic principle states, “That in 20 According to Henry Davidson, A Short
which difference of opinion exists is not to History of Chess (New York: Greenberg,
be condemned.” 1949), 12, “The Persians required (what
11 In the Muslim world, tanners and weavers was only a courtesy during the Sanskrit
held an extremely low social status, and if period) that the attacking player call out
one chose one of these jobs, it was viewed “sh¥h” (king) when the shah was attacked.
as in indication of a lack in breeding. Three By forbidding the player to remain in check,
conditions are given by Imam Das‰qÏ in they prevented an accidental and premature
order for this ruling to be applicable: one termination of the game.” The Imam’s point
did not do it out of necessity, as a livelihood; was that in Arabic chess rules, one warned
it only applied in a land in which these jobs the opponent’s king before he attacked in
degraded one’s status; and on condition order to allow the opponent to get his king
that one’s family was not associated with the out of harm’s way early on in the game so
profession. In Morocco, for instance, the as to prolong the game. In doing this, one
ruling did not apply because working in the defeats the purpose of real warfare, which
textile field was actually a respected practice. is to defeat the opposing general or king as
This is an example of the contextual nature soon as possible. This anecdote is particularly
of some of the pre-modern Islamic rulings quaint, as the scholar was using wit to drive
that must be understood within the social his point home, still maintaining a level of
context. erudition and courtesy that is often lacking
12 Mu^ammad b. Mu^ammad ¤a~~¥b, Maw¥hib in modern Muslim discussions of similar
al-JalÏl li-shar^ mukhta|ar KhalÏl (Beirut: D¥r issues.
al-Kutub al-¢Ilmiyyah, 1995). 21 Qabas, Shar^ al-muwa~~a’, 3:1140.
13 t¥bi¢Ïn: the second generation of Muslims; 22 Al-¤¥fi· b. ¢Abd al-Barr, al-TamhÏd bi m¥ fÏ al-
their generation follows the companions of muwa~~a’ min al-as¥nÏd (al-Mu^ammadiyyah:
the Prophet s. al-Matba¢ah al-Fa\liyyah, 1988), 13:183.
14 Mu^ammad b. A^mad b. ¢Arafah al-Das‰qÏ, 23 Ibid., 13:181. These men are some of the
¤ashiyat al-Das‰qÏ ¢al¥ al-shar^ al-kabÏr li greatest scholars among the first generation
al-Im¥m AbÏ al-Barak¥t al-DardÏr (Beirut: D¥r of followers, and among them the great
al-Fikr, n.d.), 4:256–7. jurists of the Prophet’s city, peace and
15 Imam al-NawawÏ, Shar^ al-NawawÏ ¢ala ßa^i^ security upon him and its inhabitants.
Muslim (Beirut: D¥r al-Qalam, 1987), 15:15. 24 There are eight primary ways in which a legal
16 Imam al-Ghazz¥lÏ, al-WajÏz fÏ fiqh al-Im¥m rationale for any ruling is reached. See Shar^
al-Sh¥fi¢Ï (Beirut: D¥r al-Arqam b. AbÏ al-waraq¥t li al-¤a~~¥b.
al-Arqam, 1997), 8:166. 25 Ibn ¤ajar al-HaytamÏ, Kaff al-ra’¥’, 105.
seasons | spring 2006 |

17 Imam al-SubkÏ is quoted in Ibn ¤ajar 26 Qur’an: 5:90.


al-HaytamÏ, Kaff al-ra’¥’ ¢an mu^arram¥t 27 Qabas, Shar^ al-muwa~~a’, 3:1139.
al-lahw wa al-sam¢: ^ukm al-Isl¥m fÏ al-ghin¥’ 28 Qur’an: 103.
wa al-m‰sÏqah wa al-sha~ranj (Cairo: Maktab 29 Lusius Annaeus Seneca, On the Shortness of
al-Qur¥n, 1989), 110. Life, trans. C. D. N. Costa (NewYork: Penguin
18 A t¥bi¢Ï is a person among the second gen- Books, 2005), 1.
eration of Muslims (t¥bi¢Ïn): see endnote 13.
19 Qabas, Shar^ muwa~~a’ M¥lik li al-Q¥\Ï AbÏ

15

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