Islamic Economics: Solidarity Against Taxes And Calamities

Solidarity

Awariz Endowment and the other Endowments for Social

Ismail Yurdakok [email protected] Introduction. In the famous sentence of Prophet Muhammad (Pbuh): “..and it was said to this man (of had given charities in three nights to different groups of society): ‘your charity (that you gave unknowingly) to (a) thief (was accepted and) is hoped that, that thief leaves to steal, your charity to adulteress (also was accepted and) is hoped that, that woman gives up adultery, and that (stingy) rich (you have given in the third night) it is hoped that he takes warning (from your charity) and spends his wealth (to the poor) from (the wealth that) Allah gave him’.(Bukhari, Zakat) This statement of the Prophet points that there are sociological aspects of charity and charity is a precaution for preventing crimes and sins. Man have to help all people who is known by him or not. Quran draws a vast spectrum that man should think on it: “...And show kindness (ehsan) to your parents, and to your close kindred, and orphans, and the needy, and to the neighbour who is of kin, and the neighbour who is not of kin, and the fellowtraveller and the wayfarer and (the bondsmen) whom your right hands possess. Surely Allah does not love the arrogant, the boastful. Who hoard their wealth and enjoin avarice on others, and hide that which Allah has bestowed upon them of His bounty...” (4,36-37) These two verses are connected each other that we understand that ‘ehsan/kindness’ is not only to say good sentences to the people but also to give charity and to be benefactor that verse 37 explains that ehsan at least requires not to be miserly. In long Islamic centuries, muslims have been sensitive not to be ‘stingy’ and established institutions to help different kind of needies. Waqf is an original Islamic institution from the early years of Islam. In English dictionaries waqf means pious foundation (1) and ‘foundation sth that is founded, eg a college, monastery, hospital; fund of money for charity, research, etc’. We see for endowment: ‘money, property, etc given to provide an income: The Oxford and Cambridge colleges have numerous endowments.’ (2) Beginning with the period of the Prophet Muhammad, in Islamic history, Islamic governments (sultans) and muslim individuals established thousands of endowments. Saying “Endowment is the characteristics of Islam”, Zukhayli writes: “(Imam) Nawawi says: ‘Endowment is a deed peculiar to muslims. (Imam) Shafei said: “Jaheleyya people (people of pre-Islamic period) did not establish a house or a land as an endowment”. (3). Although money-endowments have been highly disputed matter in Islamic school of laws, but we have to mentione some interesting examples on endowments of movable goods that Hafsa (R.A) had bought ornaments, elegance of dresses paying 20,000 derhams (silver coins) and established these as an endowment for women of Khattab family. Also, endowments of books, pots and pans, axe and even ships are permitted by all Islamic jurists. Hanafi scholars said endowments of garments for poors is lawful that these garments are given in winter and they return hese after the winter. And Hanbali scholars permitted endowments of some birds that they are used for hunting. (4)

1-Awariz Endowments Awariz endowment is an endowment kind that used to be established for paying awariz tax. This tax was being collecting in Ottoman period from the people to provide oars for the fleet. This endowment was being established with some money and real estates, to spend its income when a people of village or a quarter of a city was in difficulty to pay these amounts. In the early centuries of Ottoman Empire, customary taxes (takalif al-urfiyya) were rather insignificant rates and are rarely. But in the course of the time the needings increased and Imperial Treasury fall insolvency. And the rate of awariz taxes increased and more frequently were collected. The poor people were in a big problem to pay this tax and awariz endowments were established as a solution by people. Annual income of real estates and profits of money (capitals given for charity to the endowments) were two sources of the aid given to the tax collector. All of the incomes of the awariz endowments were being assigned to pay the awariz tax and other customary taxes; but (probably from the second half of 19th century) that taxes lost their importance and incomes of these endowments were spent another (also important aims) with the decisions of villages and streets. These incomes were used for disasters like fires, quakes,floods, infectious diseases and needings of the poor, widows and orphans, to marry for girls without relations, to pay the expenses of funerals of have got no kin, and some men enter busines life but have not got much capital, and for some public affairs like waterway, to build pavement, repairement of primary schools. Thus, in the course of time, awariz endowment transformed to a different character and was named as “awariz aqcasi (coin of awariz)” and “awariz sandigi (coffer of awariz.) (5) Some villages and quarters, streets were mixed with muslims and non-muslims but the incomes of awariz endowments were being spent for all of these two groups and while some awariz endowments was being established by muslims but some by nonmuslims. All researchers emphasize the aims of awariz endowments are limited for only one village or quarter that the benefactor emphasizes this in the waqfname (deed of trust) and if the incomes of the endowment is not enough for paying that year’s tax, people of the village (quarter) divide the amount and pay. (6) Umar Hilmi Efendi writes (120 years ago) “ ...and if a man becomes ill and can not go to his job his family’s needings are paid from awariz endowment. (7) 2-The Other Kind of Endowments for Social Solidarity Althugh some endowments were established for public aims like to build a lighthouse and expenses of its workings or washhouse (in villages) or cemetery, or aid to navy and or equipping of some soldiers and endowments for giving fruits to the soldiers, but the majority of these are for direct social solidarity like trousseau for orphan girls; for payings of debts of prisoners that they entered there for their debts, for setting free them; to give garments oldmen of the villages; to buy food and garments for students; to buy gifts for children and poors in the religious festivals even endowments for giving fodder and water to animals.(8) Islam wanted to protect sick men that can not work, old people and disableds, and men/women have not got sufficient income, unemployeds or man who can find a job or healthy and can work but has got very low salary and has a vast family or there is/are sick in his family, and oppressed people in the struggle to make a living.. under an umbrella of social justice and security. Even non-muslim citizens of the Islamic state were under the socio-economic security from the caliph Umar’s (R.A) period. As an example, it was named “miskinkhana”(leper hospitals) or in some

Islamic countries “cuzzamkhana” (leprosarium) were built around the cities and the infectious of this disease was prevented and welcomed the needings of these illmen/women.(9) Umayyad sultan Waled b. Abdulmalik (his reign 705-15) had built a Dar al Marda (Bimaristan=hospital) in 707 (A.D and 88 A.H) in Dimashq and there was an independent section for leprous in this building. Another famous hospital was opened in Fustat (Cairo) as ‘Bimaristan al Zuqaq al Qanadil’ in Umayyad period . (10) Also private buildings had been built for leprous outside the cities in Muslim Spain. The first leprosarium in Ottoman Empire was opened in Edirne city (old capital city of Ottomans; 300 km. in the west of Istanbul) in 15th century and then another leprosariums in Uskudar village (in Istanbul), Bursa (city), Nicosia (Cyprus), Kandiye (Crete), and Sakiz (island in Aegean Sea) were opened. Every morning forty loaf of bread and soup, and every evening also soap, meat and pilaf (boiled rice prepared with butter and meat) used to be sent to leprosarium of Uskudar and zerde (dish of sweetened rice colored with saffron served especially at weddings) were being given to the leprous two nights a week.(11) Sultan Ahmad b. Tulun built also a hospital in Cairo in 872-74 (A.D) (with two public baths and a mosque) that all of the services were free. Maqrizi notes that there were special dresses of the hospital for the sick men/women and they were being entertained in luxury and comfort and Ibn Tulun had assigned 60,000 dinar (gold coin) for the expenses of the hospital.Rich or poor, every ill had got right to enter the hospital and even the crazy people were being cured. Muzaffar al-Din Alamshati was the rais al-atibba (chief physician and he was 63 years old at that time) (12) The first Seljukian (free) hospital was built in Nishapour (Khorasan) by grand vizier Nizam al-Mulk (his term 1063-92) Sultan of Muwahhids Abu Yusuf opened a hospital in Marrakesh in 1189 A.D. Abdulwahid Marrakushi had said this hospital was a unique of its kind and a symbol of high interest of Sultan to ill men. (13) Ayyubi Sultan of Dimashq al-Malik –al-Muazzam (his reign 1218-27); his most important project was guesthouses and publicbathes in the road of Hejaz that he built them. Two of them were in Maan (now in Jordan). He widened the road from Dimashq to Hejaz and assigned iqtas (lands that their incomes(taxes) were being spent to) pilgrims and covermarkests and large commercial buildings in Dimashq (that their incomes also spent to endowments.) (14) Sultan of Banu Marin in Morocco, Abu Yusuf Ya’qub (Mansur) (his reign 1258-86) gave importance improvement of his country and except school and universities he built hospitals for leprous and psychopaths, homes for indigents and established endowments for expenses of these institutions.(15) Another Sultan of Marinis Abu al-Hasan(his reign 1331-50) built a lot of hospitals and madrasas (college, university.) His son Abu Inan (1350-58) also built a lot of publicbathes and madrasas. Consequently there was no need to take credit (with interest) from banks for education that to pay university fees are a nightmare for students of today’s western countries. Schools at all levels were free and all of the services of health were also free and at the end living conditions especially for lower income groups were very easy. No one used to think his/her social security because of common aid organizations. Ibn Kathir notes “..sultans, calips and high officials of the Islamic states and rich men used to built schools and establish endowments for their expenses. Apart from these there were private (but free) schools for orphans in a lot of cities. (16) Sultan of Mamluks Ashraf (Sha’ban II.) (his reign 1363-76) built a lot of buildings for people of Haramayn and assigned a lot of endowments for them. (17) Saljuks of Asia Minor also built great (free)hospitals in 13th century in eight cities. These hospitals were being sponsored by great endowmens. (13) A ‘Dar al Tıb’ was opened in 12 May 1400 in Bursa city (in Turkey) by Ottoman Sultan Yildirim Bayazid. This institution was Faculty of Medicine and also a hospital. It had been written in waqfnama (deed of trust) of it that daily 206 dirhams were put for the expenses of sick men and totally 93,600 aqcha (dirhams) had been

assigned for a year. There is also polyclinic consulting for the other sick men in some days of the the week that they used take their drugs or syrups also without any payment and go their houses.(18) Assignment of the endowment of Fatih Sultan Muhammad’s Dar al-Shifa (hospital in Istanbul) was 200 dirham daily for drinks and foods; Sultan Bayazid II’s Dar al-Shifa (in Edirne city) was also 200 dirham daily. These sentences are written in the waqfnama of Qanuni Sulayman’s (the Magnificent) Dar al-Shifa: “the stewardshould buyall of the needings (of the hospital) and hand over to storehouse; he should buy best quality and excellent of it. The amount of meat that are given in noons and evenings to the sickmen, should be calculated and Shaykh (director of the hospital) should buy this amount from the butcher or slaughterhouse and deliver to the kitchen (that is meat should be daily/fresh); the meat should be mutton not goat-meat, and meat of goats should not be mixed to mutton; Shayk must avoid from this. Exclude of this and similar foods for necessary drinks and ma’ajen (medicated preparation of sugar like soft taffy) and the other medicines 300 aqchas (dirhams) should be spent”, that is the hospital administration would not avoid any necessary expenses. (19) Wives and mothers of the Ottoman Sultans also had established a lot of endowments. In the waqfnama of Hasaki Sultan (wife of Ottoman Sultan) in 1551 A.D (959 A.H), we see these sentences: “Daily 150 dirhams are spent for meals, pills, syrups, and remedy soap. Who took refuge in this hospital from the ill; this amount of money is spent their needings. No any oppression is done to these ill people.Syrups and pills are not given to whom come from the hospital except mondays and wednesdays. In these honoured days, two physicians gives sufficient medicine to the ill come from outside if these physicians believe that they are indeed poor”. Kazim Ismail Gurkan writes: “Another female sultan Nurbanu Sultan had established an endowment in 1582 (990 A.H) and had asssigned 200 dirhams daily and put a note that “if more syrups and pills remain after giving the hospital’s ills, except fridays (also) if two physicians are convinced that who come to the hospital and want medicine are poor, they also give medicine to these ill men”. There is an interesting endowment that Grand Vizier of Ottoman Empire Sokullu Muhammad Pasha had established about the people of Mecca that he had assigned 600 filorin annualy for spending some medicines that the ill of people of Mecca were not finding these in Mecca, in 1573 (981 A.H). One onion is one gold coin Bazm al-A’lam Valida Sultan (the wife of Sultan Mahmud II and the mother of Sultan Abdulmajed) had built a hospital under the name of Hospital of Guraba-i Muslimin in 1843 (1261 A.H) in Istanbul and this hospital goes on its duty today; great endowments had been assigned for this hospital that it was written in the waqfnama that “(in the future) if one onion reaches a price (even) to one gold coin no ony savings will not be done from the needings of the ill”. In reality, after 18 years of the establisment, we see in a menu of hospital, in 1861 (1279 A.H), these foods: “grilled cutlet, cold meat, fruit jelly, chicken, and black goby as fish”. Evliya Chalabi mentiones that there was bird in the meals of Dar al Shifa’s of Fatih and Bayazid II in 17th century. It was cleared in the waqfnama of Bayazid II that: “...day and night, three times excellent meals are given to the ill.; (kinds of birds like) partridge, francolin, pigeon, goose, duck and nihgtingale are hunted by hunters and are brought to the trustee of the endowment and according to the demand of the physicians they are cooked and served to the ill”. While insane persons were ‘cursed creatures collaborate with satans’ in Europe even to 18th century, Islamic world was building hospitals for them. One of the most famous of them was in Edirne (city) that was built in 1484-88 by Sultan Bayazid II. There were 12 small rooms, a great dome in the center, main hospital on six angled building, polyclinics around the small garden, kitchen and washhouse. This hospital had been built on a green land that Prof. Arslan Terzioglu reminds that

it is possible to see modern design of Sweden hospitals in the Bayazid II’s Dar al-Shifa. The income of this endowment was 1,552,131 aqcha (silver coin) in 17th century, and there were 167 staff. More interesting that it was written in the deed of trust of Haseki Sultan (in the year of 1551 A.D/958 A.H): “the physicians should say pleasant sentences to the ill, they should follow a compassionate way when they were asking question and replying their answers. Because the ill people are in need of soft words. The physicians should not neglect even small demands of the ill”. (20) Caravanserais (inns with a large courtyards) in highways of medieval ages in Islamic lands were the other instrument of social solidarity. In general, in every 35 km, the travelers used to see a caravanserai that free accommodation and meals without any payment had been ready for tired visitors. To demand money from a tourist was a great shame in classical Islamic centuries. But this tradition had brought also money that easy exchange in business life and cheap services was ensuring a high circulation of goods/money. These free caravanserais also had provided exchange of (useful) thoughts/innovations and unity of universal muslim community and Islamic culture. Unemployed persons also used to go distant cities of Islamic world to find a job without any payment to these free hotels. These free hotels and soupkitchens for the poor also were shelters for desperate persons that they have not got a job. These waqf organizations also played an appeasement role for some persons that they would be dangerous for the society if they would not find food and accommodation. Endowments used to give a monthly allowance to hundreds of orphans and widows and open schools for orphan and poor childs. Sultan Murad I’s endowment used to give meal to 2,000 poors every day in Iznik (the ancient Nicea) and soupkitchen of Sultan Fatih 1650 poors in Istanbul, Bayazid II’s soupkitchen 1,400 two times every day. These endowments used to give meals to 30,000 only in Istanbul.(21) Smiling Face In the waqfnama of Fatih endowment these sentences are noted: “rich and poor every person should be welcomed with a cheerful smile. When he enter to the caravanserai, a run(honey and a cake of bread should be offered. They may be stayed here three days (without payment) and place for their animals (horses or camels) is assured and fodder is given for the animals”. In ramazan (fasting) months and some famous religious-traditional nights (friday nights and like raghaib or baraat nights) extra meals and sweets used to be offered”. (22) With these facilities, a visitor used to go from Central Asia to South Europe without giving any payment. Windmill for Endowment Today’s Greece island Mytilene (Midilli-Lesbos) on Aegean Sea (1630 sq. km.,an area of approximately three Singapore’s) was under Ottoman rule from 16th century. Famous admiral Barbarossa Khayraddun Pasha had established an endowment that had been built a madrasa (higher college) and an imarat (soup-kitchen for the poor) in 16th century. Another endowment in 17th century, Balizade Hasan Bey had built a primary school and a mosque in 1030 A.H.(1621 A.D.) Expenses of this school and mosque was being paid from the revenues of a windmill and 1,800 olive trees. The incomes of olive grove was 100,000 aqchas (silver coins) annually.(23) Modon (Methone) is an historical city in the south-west of Greece, famous traveler Awliya Chalabi visited the city in the spring of 1078 A.H. (1668 A.D.) There was also a soup-kitchen for the poor as an establishment of Shakh Aziz Effendi. And another soup-kitchen for the poor in the side of Bayazid II’s mosque. The population of the city was 4 or 5,000. (24)

Conclusion Not only for human kind, there are brilliant examples in Islamic civilisation that endowments were put for protect animals. After collapsing of Ottoman Empire in 1922, and great destroying of endowments in forty years , but even in 1964 one fourth of real estates of Istanbul had belonged to endowments. Today, there are 26,798 waqfnama (deeds of trusts) in the archives of General Directorate of Endowments of Turkey in Ankara. The numbers of endowments and their different kinds show that these institutions are interested in a lot of social and economic problems of humanity.There were thousands of wafs about to give garments for widows, for emancipation of slaves, for expenses of poor girls’ wedding ceremonies, to assign funds for injured workers and artisans, for funeral ceremonies of the poor, for giving aids to the families of prisoners, for mending of fountains, wells, cisterns, and water conduits. There were only 10,000 caravanserais (free hotels) in Turkistan (Central Asia.) Endowments had been established for servants broke set of kitchen utensils to compensate their harms. Thousands of endowments were the instruments of distribution of incomes and wealths with a voluntary way.(25) A great amount of private capital was being assigned for the profiting of the community. (26) All of the social aids were being ensured by endowments and and education as one of the biggest problem of modern society was being given in the free schools (no fees for courses or hostels) from primary to tertiary levels, ensuring also authonomy of these teaching institutions.

(1) Redhouse Dictionary (2) Oxford Dictionary (3) also with same sentences, San’ani, Subul al-Salam, v, 3,p, 182 (Bab al-Waqf) (4) Zukhayli, v, 10, p, 242-314 (5)Mehmet İpsirli, “Avariz Vakfi”, DIA (Diyanet Islam Ansiklopedisi), v, 4, p, 109 (6)Halil Sahillioglu, “Avariz”, DIA, v, 4, p, 108 (7)Umar Hilmi Efendi, Ithaf al-Akhlaf fi Ahkam al-Awqaf, Istanbul 1307 (A.H), p, 11 (8) Nazif Ozturk, Vakiflar, p, 3 (from Selahaddin Aydemir’s article on Awkaf: “Vakiflar ve Vakiflar Genel Mudurlugu”, Mulkiyeliler Birligi Dergisi, s, 1977/24, p, 20-21 (9)Cengiz Kallek, “Miskin”,DIA, v, 30, p, 183-84 (10)Nazif Ozturk, p, 8 (from Ahmad Isa Bek, Tarikh al-Bimaristan fi al-Islam, Dımashq, 1939, p, 9-66) (11)Nuran Yildirim, “Miskinler Tekkesi”, DIA, v, 30, p, 185-86 (from Ismail Hakki Konyali, Abideleri ve Kitabeleriyle Uskudar Tarihi, I-II, Isyanbul 1976-77, v, I, p, 236) (12)Nazif Ozturk, p, 8 (13)Muhammad Razuq, “Merakes”, DIA, v, 29, p, 166-68 (14)Cengiz Tomar, “el-Melik’ul Muazzam”, DIA, v, 29, p, 71-73 (15)Ismail Ceran, “Meriniler”, DIA, v, 29, p, 192-99 (from Ibrahim Harakat, alMaghrib abr al-Tarikh, Dar al-Bayza, 1405/1984-85, II, 5-162; III, 120,172, 411, 500,56,57,64,66) (16)Halil Bozkurt, “Mektep”, DIA, v, 29, p, 5-6 (from Ibn Kathir, al-Bidaya wa alNihaya, Beirut 1987, v, 14, p, 81, 158) (17)Ismail Yigit, “el-Melik’ul Esref, Saban”, DIA, v, 29, p, 66-7 (from Rashid alQahtani, Awqaf al-Sultan al-Ashraf Sha’ban ‘ala al-Haramayn, Doris Behrens and Abouseif’s review on this book: Mamluk Studies Review, v, 2, University of Chicago; also Doris Behrens-Abouseif’s article, “Sultan Qayitbay’s Foundation in Medina, the

Madrasah, the Ribat and the Dashishah”, Mamluk Studies Review, v, 2. Also please see: Hayat Nasir al-Hajji’s study: al-Sultan al-Nasir Muhammad b. Qalawun wa Nizam al-Waqf fi ‘ahdih, Kuwait 1983 (Sultan Qalawun’s reign lasted more than 40 years on Egypt: 1293-94, 1299-1309, 1310-41) (18)Yilmaz Oztuna, Buyuk Turkiye Tarihi, v, 2, p, 65 (19)Nazif Ozturk, p, 9-10 (20) Nazif Ozturk, p, 10-11 21-Nazif Ozturk, p, 18 22- ibid, p, 19 23-Machiel Kiel, “Midilli”, DIA, v, 30, p, 11-14, Omer Isbilir, “Foundation (Waqf) Establishment Process in Midilli Island under the Rule of the Ottoman Empire” 2th National Aegean Islands Symposium (ed. I. Bostan-S.H. Basaran), Istanbul 2004, p, 107-111) 24-Machiel Kiel, “Modon”, DIA, v, 30, p, 222-24 25-Ali Sensoy, Islam Ekonomisi Acisindan Dayanisma ve Sosyal Guvenlik (Solidarity and Social Security from the Viewpoint of Islamic Economics), Istanbul 2001, p, 138-40 (from Mehmet Seker, Islam’da Sosyal Dayanisma Muesseseleri (Social Solidarity Institutions in Islam), Ankara 1984 p, 100-111.) 26-Nazif Ozturk, p, 137

Bibliography (DIA) Diyanet Islam Ansiklopedisi (Diyanet Islamic Encyclopedia) (1988-2009). (IXXXVI). Istanbul: Turkiye Diyanet Vakfi Yayınları (Publications of Turkiye Diyanet Vakfi) Oxford Dictionary(1974). A. S. Hornby. Oxford: Oxford University Press. Oztuna Yilmaz(1977). Buyuk Turkiye Tarihi (Grand Turkish History), I-XIV. Istanbul: Otuken Yayinevi (Otuken Pubilications) Ozturk Nazif(1983).Vakiflar. Ankara: Vakiflar Genel Mudurlugu Yayinlari. (Publications of General Directorate of Vakiflar (Awqaf) Redhouse Dictionary(1997). Istanbul: Sev Yayincilik. San’ani, Muhammad b. Ismail(1965). Subul al-Salam Sharh al-Bulug al-Maram (Turkish Translation as Selamet Yollari.) I-IV. Istanbul: Sonmez Nesriyat Sensoy Ali(2001). Islam Ekonomisi Acisindan Dayanisma ve Sosyal Guvenlik (Solidarity and Social Security from the Aspect of Islamic Economics.) Istanbul: Mavi Yayincilik, Umar Hilmi Efendi(1307 Hegira). Ithaf al-Akhlaf fi Ahkam al-Awqaf. Istanbul: Matbaa-i Amirah. Zukhayli Wahbah(1990). Al-Fiqh al-Islami wa Adillatuh (Islamic Law and Its Evidences) (Turkish Translation as Islam Fikhi Ansiklopedisi), I-X. Istanbul: Rehber Yayincilik.