Chapter 1

Acknowledgements

Kulaini (r.a.), Sudooq (r.a.), Shaikhan Ar-Razi (a.r.), As-Sarwi (a.r.), Kaafi, Al-Faqih, Al-Irshaad, At-Tahzeeb, Khasaaesul Aimmah, Al-Manaaqib, Allamah Jazaeri for Selections from the Judgements of Ameerul Momineen, Ibrahim ibne-Hashim Alqaani, Ash-Shaikh An-Najashi, Ismail bin Khalid, Abdullah bin Ahmed, Mo’allaa bin Mohammad Al-Basri, Mohammad ibne Qais al-Bajli, Mohammad bin Qais al-Asadi and Obaidullah ibne Abi Raafey for other relevant matter and references to their books on the subject.

Chapter 2

Introduction

1.       The need of English version of the ‘Judgments’ delivered in extraordinarily complicated cases, by Ameerul Momineen Hazrat Ali (a.s.) Ibne Abi Taalib (a.s.) was being felt by many among the English reading public since long. The number of these judgments being very large, we have selected some very important ones for this booklet.

2.       These selections are made from various books on the subject in Arabic and some other languages, particularly Qazae Amirul Momineen compiled by the celebrated Scholar, Allamah al-Shaikh Mohammad Taqi al-Tustari published, Najaf, 1963, duly acknowledged in this compilation and they speak by themselves of the rare wisdom, quick with marvelous power of judgment and knowledge of Hazrat Ali (a.s.) with regard to Mathematics, Ancient History, Geography, Chemistry, Physics, Metaphysics Astronomy, Medical Science and even some of the modern sciences unknown to mankind in those days.

3.       If Hazrat Ali (a.s.)’s judgments contained in the following pages are thoroughly gone through they will be sufficient to convince the readers of the claim of almost all the great scholars that his unique judgments although delivered by him long ago are still indispensable for those courts of law which desire their judgments to be most righteous in each case.

4.       Published at the very beginning of this book are some instructions of Hazrat Ali (a.s.) for the judges appointed by him or by the Chief Justice of a particular province in his jurisdiction. Although the number of these instructions is small, they are self-sufficient as well as self-contained in as much as the duties and the path to be adopted by the judges while delivering judgments in various cases even today is concerned and will, we believe, be appreciated not only by those who belong to the sphere of judicature but all others such as the accused, complainants, defendants and plaintiffs as well as the general public till Qiyamat (the day of Judgment).

5.       It is expected that this humble effort will be received with the same zeal with which it is presented and will also serve the purpose it is brought out for. It would be ingratitude on my part if I do not thank the trustees of the Peer Mahomed Ebrahim Trust, Karachi, for without their moral and material help as well as encouragement, this humble effort on the part of the writer would not have seen the light of the day. In fact they are the people under whose patronage and sincere support such publications, which are most beneficial to the generality of Allah’s creatures are being presented at a definitely below the cost price (free publications being mostly wasted and lose their value.)

Karachi 8th July, 1969.                                               (Kaukab Shadani)

Part 1

Instructions to Judges

1. Oath and Evidence

The plaintiff should be first put on oath and the responsibility of proof should be made his own. This brings the case fully to light and makes the judgments easy.

2. Presentation of Evidence

Anyone who desires to present evidence in a case before you he should be given opportunity therefore and allowed sufficient time for presenting the witnesses in due course of time. If he fails to do it during the time scheduled therefore, you are free to deal with the case according to your own power of judgements. However the benefit of doubt and full facilities of defence should be allowed to the accused.

3. Conditions of Witnesses

It be known to you that all the Muslims are supposed to be just. Therefore, they should be accepted as witnesses except those who are already convicted in some previous case and have not offered penitence therefore or are accused of mischief-making and goondaism.

4. Anxiety when in the Court of Law

You should not feel pressure of anxiety in delivering judgements this way or that way according to your power of Judgement save that your judgements should in all cases be the righteous ones, which is a must in view of your high office for which there is a good reward with Allah provided the judgement in each case is the righteous one.

5. How to go to the Court of Law

You should not go to your Court when you are hungry. You must first satisfy your hunger and then take up the hearing of cases brought to your Court therefore.

6. Undue Haste in Decisions

Judges should not make haste in delivering the judgement in any case. When a case is taken up for judgement it should never be left uncompleted and should not, however, be delayed as according to a general saying “Justice Delayed is Justice Denied”. If there is a delay in some case, it should not be insisted upon and in case it is quite evident no weakness should be shown in delivering the judgement according to the provision of law. Everything should be decided according to the Schedule and should be kept in its proper place.

7. Judgement without Fury

You should keep control over your anger, fury and your tongue. No case should in any case be decided under the pressure of fury or anger. When you feel no iota of anger in your heart of hearts you are free to decide the case according to the provision of law. This only is possible when you are sure of your return to Allah.

8. Judgements without Bias

When your judgement is righteous you should not be afraid of its going even against your near relatives. In such a case you should only keep the pleasure of Allah before you and should exercise your complete will-power therein. If it goes against your relations or your companions you shall have to bear with it, it would although be heavy on you, but you shall have to keep only the result in view, which will certainly be good after all.

9. Sentence to Death and Other Deterrent Punishments

Sentences to death should not be executed and other exemplary punishments should not be awarded until all such sentences are referred to and are confirmed by me.

10. The Jury

Your jury should not consist of those who are greedy, coward and paupers because such persons are not expected to arrive at a correct decision in any case or deliver a righteous judgement without being impartial.

11. Disposal of Work without Delay

The work of a particular day should be disposed of according to the schedule at the proper time without any delay, because pressure of daily work demands it.

12. Watch and Check on the Lower Courts by Chief Justice

To keep a proper watch and checking of the work of the lower courts is one of your main responsibilities. The Qazis sitting there should be allowed freedom of decision but should in no case be allowed to remain needy so that no body should have the courage to make them accept unlawful gratifications and put any kind of pressure on them.

13. Appointment of Judges

For propagation and keeping of justice in the country it is imperative and essential that due care should be taken with regard to the appointment of the Qazis. For this office only class one people and who are the best in your eyes should be selected. They should be only such people who may not be afraid of pressure of work, should not insist on their wrong decisions and should not stick to them after manifestation and revelation of facts in a case. They should not either be greedy but should be in the habit of pondering over all cases without any exception. They should also stop at doubtful cases and should give due consideration and attach importance to only clear proof. They should not as well feel tired of any long examinations of the plaintiffs and the defendants of going to the depth of each case and should be courageous enough to deliver the righteous judgements after coming of the facts to light. They should be only such persons who may not be swayed with flattery, although such people are rare in the society and are difficult to be had.[1]

[1]        Waafi & Nahjul Balagha

14. Mistakes in Judgements

In case someone is put to death as a result of a mistake in judgement which is beyond the control of the judge such as on the basis of witnesses the compensation money would be paid from the Government Exchequer (Baitul Maal).[1]

[1]     Abu Turab, vol. 2, p. 238

15. Justice and Generosity

Mercy is a good thing, but justice is, however, better and should never be lost sight of that is justice should not be sacrificed for mercy.[1]

[1]       Qazaa, p. 186

16. The Holy Qur’an and the Traditions

The Qur’anic commandments must be followed in each case but where explanation is required traditions of the Holy Prophet (s.a.w.a.) should invariably be referred to because without referring to the traditions it is at times impossible to arrive at a correct judgement. Besides, the carrying out of religious obligations without referring to traditions would not be possible through the Holy Qur’an only, which lays down only principles for the Holy Prophet (s.a.w.a.). As for example, there is no mention of the number of Raka’t of the Namaz and the detailed Masails (Rules) of the performance of Hajj etc. in the Holy Qur’an.

17. In Case of a Zindiq

The case of a Zindiq (one who argues against the Qur’anic commandments and the religious law) should be decided on the statements of two male prosecution witnesses who are pious and of proved good character notwithstanding a thousand defence witnesses of his class (Zindiq).

18. If a Judge himself is an Eye-Witness

Even if a judge himself is an eye-witness in a case of adultery his witness is not acceptable, because in such cases at least four witnesses are required according to the provisions of law.[1]

In case of the use of discretion (in some case) the path to be adopted should be the one which is most truthful and most just and satisfying to the general policy.[2]

[1]       Abu Turab, p. 201

[2]       Abu Turab,  p. 24

Part 2

Orders of Punishment should not be Executed on the Lands of the Enemy

Orders of punishment should not be executed within the boundaries of lands possessed by an enemy, lest the accused should run to the enemy’s camp for shelter and then fight on his behalf against our country in any way.[1]

[1]        Waafi, vol. 9, p. 45

Part 3

Judgements, Decisions and Answers to Difficult Questions

1. The Case of a Woman who did not accept a young man to be her own son

Kulaini and Sheikh Mohiyyuddin ibne Arabi have described on the authority of Aasim Bin Hamza Alsalooli, who said that he saw a young man crying in a street of Medina, “O’ God decide the case between me and my mother”. Umar, who was passing by admonished the youth: ‘Don’t call your mother’s name’. The man said, “O’ Ameer ul-Momineen! My mother gave me birth and then nursed me for two years, but now when I have grown up, she refuses to own me as her son. She also denies to have ever been married to my father, who is dead, but wants to keep his whole property with the claim that my father was her only brother and thus deprives me of my due share therein”. Hearing this Umar called the woman, who produced about forty persons from her tribe as witnesses. They all gave evidence in her favour. Thereupon Umar decided the case against the youth and ordered him to be imprisoned for ‘iftara’ (wrong accusation). When the youth was being carried away to the prison; Hazrat Ali (a.s.) happened to pass by that way. The young boy implored him to come to his rescue and related his story to him also. Hazrat Ali (a.s.) asked his escort to take him back to Umar which they did. Umar asked them as to why they had brought him back. They told him that it was done at the order of Hazrat Ali (a.s.). Hazrat Ali (a.s.) who had also by the time, reached the scene asked Umar, whether he consented if he decided the case. To this Umar replied. “By all means, what would be better than this? I have heard the Holy Prophet (s.a.w.a.) saying that your knowledge is the best than that of all of us. Hazrat Ali (a.s.) then called the woman and all the witnesses again. They all repeated turn by turn, what they had said before Umar. Hazrat Ali (a.s.) then asked the woman and her near relatives if they agreed to his marrying her to somebody to which they all agreed. Thereupon, Hazrat Ali (a.s.) asked his personal servant Qambar to bring 400 dirhams and said to the woman, “I marry you to this young man for 400 dirhams as your dower.” When the dirhams were brought, he handed them over to the young man and ordered him to go away with the woman and give the dirhams to her. When the young man was about to leave Hazrat Ali (a.s.) added: “Come to me again but not before you both have passed the night as husband and wife”. Hearing this, the woman cried out: ‘Fie, Fie.’ Then she said, “O brother of the Holy Prophet (s.a.w.a.) you have married me to my own son”. Hazrat Ali (a.s.) said: “Why did you deny the fact before?” The woman apologized took the hand of the young man in her hand and went away. When she was gone, Umar exclaimed, “Had not there been Ali, Umar would have perished”.

The above event has also been described by Saheb Fazail ibne Shazan who has carried it from Waqadi from Jaabir and from Salman turn by turn with some difference.

2. The case of a Slave who claimed to be the Master of his Master

It has been described by Kulaini (r.a.) and Sheikh on the authority of Imam Ja’far Sadiq (a.s.) that during the ‘Khilafat’ (Caliphate) of Hazrat Ali (a.s.) two men, a slave and his master, were travelling to Kufa after performing Hajj (Pilgrimage). The slave committed some mistake and the master beat him for that. The slave said to his master: “You are my slave, but still you are beating me for nothing.” Some other people wanted to decide between the two, but the slave did not admit his mistake but went on repeating that he was the master of the man accompanying him till they all entered Kufa. The master then said to his slave: “Let us go to Ameerul Momineen (a.s.) for judgement”. To that the slave agreed and they both went to Hazrat Ali (a.s.), but while giving their statements before him both claimed to be the master of each other. The one who was actually the master started weeping that he was the real master and that his father had sent him on pilgrimage to Mecca. He had taken his slave with him who committed a mistake on his way back home and he therefore beat him. By saying that he was the master he wanted to take away wrongfully all his possessions. But the slave also repeated the same story on oath. Hazrat Ali (a.s.) after hearing both ordered them to present themselves before him the next day. Meanwhile, he ordered two holes to be made in a wall, each one quite enough for the head of a man to pass through. When the two men came to him the following day he ordered each of them to put his head into the two holes. This done, he ordered his personal servant “Cut off the head of the slave”. No sooner the slave heard this order he pulled out his head from the hole while the one who was the master did not move even slightly. Hazrat Ali (a.s.) then reprimanded the slave, who went away with his master hanging his head in shame.

3. The Case of Two Women, each of whom Claimed to be the Mother of One and the Same Child

Sarui has described in Irshad that during the caliphate of Umar two women were produced before Hakim, the then Qazi of Medina. Both of them claimed the same child to be her own. Hakim was puzzled and did not know what to do. The case was therefore, taken to Umar for decision, but he also could not decide it. Hazrat Ali (a.s.) was then requested to decide the case. Hazrat Ali (a.s.) asked the women as to whether they had any objection if the child were cut into two and one part given to each of them. One of the women agreed to it, but the other started crying. She said to Hazrat Ali (a.s.): “O’ Abul Hasan! I forego my claim. Give the child to this woman”. Thus the child was restored to its real mother.

4. The Case of Two Men who Left some Money with a Woman

It has been described by Kulaini (r.a.) and Sheikh (r.a.) on the authority of Zazan that two men entrusted a woman with some money with the instructions that she should not return it unless they come to claim it back together. After some time one of them came back and demanded the money saying that his companion had died. The woman believed him and returned the money to him. But soon thereafter the other man came to her, repeated the same story and demanded the money back from her. When apprised of actual fads he filed a suit in the court of Umar who was a caliph then, but he did not know what to do and referred the case to Hazrat Ali (a.s.) for judgement. Hazrat Ali (a.s.) called the parties and said to the man that the money was with him, but it could not be given to either of them unless they came together according to their joint instructions. He further asked the man to go and bring his companion so that the money could be given to them. As the man had no answer to that, he felt much ashamed and went away.

5. A Strange Cruelty on an Orphan Girl and Hazrat Ali (a.s.)’s Judgement therein

It has been stated by Kulaini (r.a.) and Sheikh Saduq (r.a.) as incorporated in Sahih Bukhari on the authority of Hazrat Imam Ja’far Sadiq (a.s.) that a slave girl was brought to the court of Umar with the accusation that she had not proved loyal to her master.

The Story is this:

A man had given shelter to an orphan girl. As he more often than not used to go out of his home town on business trips, he had given the girl in the care of his wife.

When a few years passed like this, the girl became mature and also looked extremely good in appearance. The wife of the man with the whim that he might not marry the girl, once got her intoxicated, with some thing or other, with the help of some woman from the neighbourhood and also got removed the sign of her chastity with the help of the same woman.

When the man returned from his business tour abroad, he asked his wife as to where the girl was. Thereupon she replied with complete innocence: “She has eloped with a young man in the neighbourhood”.

Then the man went out in search of the girl, caught hold of her and dragged her to the court of Umar, who was then a Caliph.

Umar finding the case to be considerably difficult referred it to Ameerul Momineen (a.s.), as he had invariably done previously in such cases.

Hazrat Ali (a.s.) sent for the man, his wife and the girl, together with the witnesses, if any. The man and his wife related the same story before Ameerul Momineen (a.s.), which they had previously related in the court of Umar, and also produced the four women who had been named by the wife of the appellant as witnesses.

Hazrat Ali (a.s.) called the first witness, unsheathed his sword and keeping it between the woman and himself, said to her: “Do you know, I am Ali Ibne Abi Taalib? Tell me the truth, the truth and nothing but the truth”.

The woman who was exceedingly clever gave the same false evidence she had given in the court of Umar and insisted thereon.

Hazrat Ali (a.s.) seeing this, ordered her to be kept in confinement, separate from other witness. He (a.s.) then called the second witness before him and pointing to his sword, said to her: “Do you see this sword? If you do not tell the truth I shall behead you with this sword. And remember that the woman who has just gone out has told me the truth and, therefore, I have given her pardon. If you tell me the true story, the same you shall get”. Hearing this, the second women related the true story of the case, out of fear of her life, of course! Having heard the truth from the second witness Ameerul Momineen (a.s.) said, “After Daniel, the Prophet. I am the first man who has forced different statements from two witnesses”.

Thereafter, he ordered punishment to be accorded to the wife of the man in question. He also ordered the man to divorce his wife and marry the innocent girl. When his orders were carried out, he paid the dowry to the girl from his own pocket. He also fined the four women who had stood witnesses in the case, one hundred Dirhams each, and gave the whole amount of penalty also to the girl.

After this strange but righteous judgement Umar besought the favour of Ameerul Momineen (a.s.) of telling him the story of Hazrat Daniel (a.s.). Hazrat Ali (a.s.) acceding to his request told him the following story:

“Hazrat Daniel (a.s.) was an orphan, who had lost his father and mother both. At the time the ruler was from Bani Israel, the ruler or the king had two Qazis among his courtiers. Both of these Qazis used to visit the court of the king accompanied by a very pious and godly man of the day.

Once upon a time the king wanted to send some trustworthy person on an urgent piece of business outside the dominion of his empire and requested the two Qazis to help him in selecting somebody for the purpose.

The Qazis advised the king to entrust the work to the same pious and godly man who used to visit his court every now and then along with themselves.

Acting on their advice the king sent the pious man with necessary instructions on the fateful journey.

Now per chance the pious man had a very pretty and beautiful wife who was also pious and godly like her husband. However, the man while going out of the country gave her in the care of the aforesaid Qazis saying: I give her in your care with the will that you will treat her with virtue and will take care of her daily needs. Then he set off at his journey.

Thereafter, once the two Qazis happened to go to the house of the pious man and by chance saw his pretty wife. Seeing her they both madly fell in love with her.

When they expressed their carnal desire the good woman flatly refused to fall prey to their desire.

Thereupon they threatened her to complain against her to the king and said that she had committed adultery with the result that she would be stoned to death.

In reply she said: ‘Say whatever you like, but I would not give my consent to this act of sin.’

Thereupon both the wicked Qazis went to the king and reported to him that the wife of the pious man whom he had sent on journey had committed adultery. The king was very much surprised on the report because the woman had a reputation for piety. He bent his head for a while and then lifting his head he said to them:

“I believe you and accept your witness but give me three days time for issuing orders in the matter”.

The king then consulted his Vizier in the matter and said to him:

“I don’t think she is guilty of the act of adultery, what do you say about it?”

The Vizier also on hearing the report, said to the king: “I am also surprised”.

However, on the 3rd day the Vizier happened to pass by a lane where some children were playing, Hazrat Daniel (a.s.) being among them.

Hazrat Daniel (a.s.) said to one of the children:

“Let us stage the drama of the wife of the pious man and the two Qazis; you play the part of the wife of the pious man and two other of you, the part of the Qazis”.

He then turned to the two boys and said to them:

“You present the case of this woman to me as the two Qazis have presented it to the king”.

The king meanwhile has proclaimed with the beating of the drums as was the custom those days that the wife of the pious man had committed adultery and the two Qazis had reported the matter to the king and, therefore, the woman was going to be stoned to death.

Hazrat Daniel (a.s.) called one of the boys who was playing the part of one of the Qazis and asked him:

“What do you say in the matter?” He also pointed to a wooden sword wrapped in a cloth, if you tell a tie I shall behead you with this sword”.

The boy replied:

“Sir, the wife of the pious man has committed adultery and I am a witness to it”.

Hazrat Daniel (a.s.) asked him:

“Where, when on which day and at what time?”

The boy answered all the questions of Hazrat Daniel (a.s.). Then, Hazrat Daniel (a.s.) called the other boy and put the same questions to him but his answers were quite contrary to the answers of the other boy.

After hearing the second boy Hazrat Daniel (a.s.) said: “God is great, you have given false witness in the case”.

He then acquitted the woman honourably and sentenced the boys who were playing the role of the Qazis to death.

The Vizier who saw (his play of the boys and the judgement of Hazrat Daniel (a.s.) in the play reported the whole thing to the king who decided the case accordingly.[1]

[1]       Waafi, vol. 9, p. 161; Manaaqib, vol. 7, p. 193; Turuq-e-Hikmia, p. 60

6. The Case of a Man whose Son Differed in Colour with him

A Negro once came to Umar. His wife was also of black colour. The Negro complained to Umar that he and his wile were both of black colours, but his wife in contrast to their colour had given birth to a child of red colour. He also said that his wife had obviously committed adultery with some man who was of the colour of the child.

Umar could not decide the case and referred the matter to Hazrat Ali (a.s.) who in turn asked the Negro: “If I ask you a question, will you answer it correctly?” The Negro replied:

“Yes sir, by all means and quite correctly if I could”. Hazrat Ali (a.s.) asked the negro:

“Did you ever go to your wife i.e., had you ever had intercourse with her during her monthly course?”

The Negro replied: “Yes sir, I think I have”.

Hazrat Ali (a.s.) said to him: “The colour of the child is the result of that very act of yours. You are therefore, yourself at fault and not your wife”. Negro got ashamed and went away.[1]

[1]        Turuq-e-Hikmia by Ibne Qayyum, p. 47

7. The First Case after the Demise of the Holy Prophet (s.a.w.a.)

It has been reported by Kulaini on the authority of Hazrat Imam Ja’far Sadiq (a.s.) that a case was decided by Hazrat Ali (a.s.) in such a way that it was never decided before and that it was the first case after the demise of the Holy Prophet (s.a.w.a.).

During the caliphate of Abu Bakr a man was found drunk and brought before the Caliph, Abu Bakr. The Caliph asked him as to whether he had drunk wine. In reply the man admitted to have drunk.

The Caliph asked him: “Why did you drink when it has been prohibited in Islam?”

The man replied: “I am residing in the neighbourhood of some people who are habitual drinkers. Although I am a Muslim, but I have never heard that wine has been prohibited in Islam”.

Hearing this, Abu Bakr looked at Umar with a question mark in his eyes.

Umar said: “This is just one of the cases that no one else than Ali could decide”.

When the case was referred to Hazrat Ali (a.s.), he sent the man round in the city with some persons to ask the people as to whether anyone had recited to him the verse of the Holy Quran whereby wine was totally prohibited. And when it was proved that none had done so, the man was released with a warning never to drink in future.[1]

[1]      Also carried by Naasekhut Tawaarikh, vol. 2, p. 731; Buharij, vol. 9, p. 483; Manaaqib, vol. 2, p. 178

8. A Case which was decided wrongly by Qazi Shurayh

It has been recorded in Ajaaebul Ahkaam that once when Hazrat Ali (a.s.) entered the Mosque of Kufa, he saw a young man who was weeping pitiably. Hazrat Ali (a.s.) asked him about the cause of such a weeping.

The man replied: “O Ameerul Momineen (a.s.)! I have come to you for appeal against the decision of Qazi Shurayh in my case”.

Hazrat Ali (a.s.) asked him as to what the case was? The young man said:

“My father had gone on journey with some persons. When these persons returned from the journey, I asked them about my father. They said: He died during the journey. When I asked them about the money my father had taken with him, they said he left no money, but I know for certain that he had good amount of money with him”.

The young man further said to Hazrat Ali (a.s.): “As I was certain about the money my father had carried with him, I reported the matter to Qazi Shurayh and besought a judgement from him in the case. Qazi Shurayh further said the young man, ‘Call those persons’ and took oath from them one by one. They all said unanimously on oath that my father had no cash at the time of his death. Therefore, Qazi Shurayh ordered for their release”.

Relating the above story to Hazrat Ali (a.s.), the young man said: “O Ameerul Momineen (a.s.)! I have now come to you for a righteous judgement”.

Ameerul Momineen, Hazrat Ali (a.s.) said: “I shall deliver judgement in this case as none has ever before delivered in any case other than Hazrat Dawood (David) (a.s.).”

Hazrat Ali (a.s.) then asked Qambar, his personal servant, to call some men of Shurtatul Khamees[1]. When these officers arrived, Ameerul Momineen Hazrat Ali (a.s.) ordered them to ask the young man the names of the persons who had accompanied his father on the journey and present them before him immediately and the orders of Hazrat Ali (a.s.) were carried out forthwith.

When all those persons were brought before Hazrat Ali (a.s.), he cast a glance over them all and ordered them each to be tied with the pillars of the mosque separately and asked the people present in the mosque to join him in Takbeer (Greatest is God) loudly when he said it, Hazrat Ali (a.s.) then called one of the persons and asked him as to what he had to say in the matter. He said what he had said to Qazi Shurayh. Qazi Shurayh was also present there.

Hazrat Ali (a.s.) said to the man: “Don’t think that I do not know anything about this case. Go ahead now. When did you all start on the fateful journey; tell me the year, the month, the day and the exact time when you all started on your journey with the father of this young man? And when was he taken ill, where and what day and at what time? What was his disease? Who treated him and with which medicine? When did he die? Give me the date and the time. Who gave him bath after his death? Who wrapped him in the coffin? How many people attended his funeral? Name any of them, if possible. Who lowered him in his grave?”

The man was first baffled by this volley of the most relevant questions, but he tried to answer them one by one obviously at random. When he had finished, Ameerul Momineen Hazrat Ali (a.s.) said the Takbeer aloud. All the other people present in the mosque repeated it as they were ordered before. Hazrat Ali (a.s.) then sent the man to prison and called the second man.

The second man being now certain because of the Takbeer of the people following Hazrat Ali (a.s.) and his sending the first man to the prison that his companion had confessed, told Hazrat Ali (a.s.) that he was from the very beginning against the murder of their companion, the father of the young man, and taking away his cash and that none of the others listened to him.

He then besought forgiveness and mercy at the hands of Ameerul Momineen (a.s.) as he was only compelled to become an accomplice in the case. Thereafter, all the rest also had to confess their crime of murder and loot.

Ameerul Momineen Hazrat Ali (a.s.) then made them to return the money of the deceased to his son, together with the penalty for the murder.

Qazi Shurayh, who was called to attend the hearing of the case was reprimanded and warned to be careful in serious cases such as murder. Very politely rather humbly he asked Ameerul Momineen Hazrat Ali (a.s.) as to what the case decided by Hazrat Dawood (a.s.) referred to by him as a similar case was.

Hazrat Ali (a.s.) described the case thus:

Hazrat Dawood (a.s.) was once passing through a lane when he heard some children playing therein calling one of their playmates by the name of ‘Maatad Deen’. The boy was also answering to this name. Hazrat Dawood (a.s.) was very much surprised at hearing this queer name which meant, “religion died”. Therefore, the Prophet Dawood (a.s.) called the boy and asked him as to who had given him that name”. The boy said: “My father, Sir”. “Where is your father”? Asked the prophet. “He is dead”, replied the boy. Hazrat Dawood (a.s.) then asked the boy to take him to his mother, which he did.

When asked about the name, the mother of the boy told the prophet that the name was given to the boy under the last will of his father.

When asked about the details, she told him that the father of the boy had gone on a journey with some persons, but he did not return from that journey which was his last.

The mother of the boy when asked about her husband, his companions told her that he had died on his way back home. “What about the money he had taken with him?” asked she. “He left no money”, they replied innocently.

Telling this much Ameerul Momineen Hazrat Ali (a.s.) said to Qazi Shurayh and the people then present in the mosque that Hazrat Dawood (a.s.) had decided the case as he himself decided that day. He also told them that after delivering the judgement in that identical case Hazrat Dawood (a.s.) asked the woman to call her son by the name “Ashad Deen”, which meant the “religion has survived”.

According to Kaafi there also started a dispute between the young man and the murderers of his father regarding the amount of the money carried by his father from home for the journey. Hazrat Ali (a.s.) then asked the people present in the mosque to give him for a while their rings. He then silently removed his own ring from his finger and mixing it with the other rings borrowed from the people placed them all before the two parties and said: “Whoever picks up my ring from these is true, because this is the arrow of God and the arrow of Allah never misses its target i.e. it never fails”.[2]

[1]        A contingent of the officers in command of an army

[2]        Saduq has also reported it on the authority of Imam Baqir (a.s.). Qazaa, p. 14

9. The Case of Three Dinars

It has been reported by Saduq and Sheikh on the authority of Imam Ja’far Sadiq (a.s.) who reported it on the authority of his father and forefathers that a man had deposited two Dinars with a person and another man had deposited only one Dinar with the same person. One of the Dinars was stolen. When the case was brought to Ameerul Momineen Hazrat Ali (a.s.), he ordered one Dinar to be given to the first person and the equal division of the second between both the depositors.

Explanation:

The first man who had deposited two Dinars had one of his two Dinars still safe whether or not one of his own Dinars was stolen, while the other one, in case his only Dinar was stolen, had none. As the theft in each case affected the second Dinar the second man had to share both the loss and the gain.[1]

[1]       Qazaa, p. 29

10. The Case of a Woman who had given Birth to a Child within Six Months of her Preg¬nancy and Umar had ordered her to be stoned to Death

A soldier in the Army returned home. When he had stayed with his wife for only six months, his wife gave birth to a male child and claimed that it was his child. The soldier refused to accept her claim and brought her to Umar who ordered the woman to be stoned to death. By chance Hazrat Ali (a.s.) also happened to be there and he pointed out to Umar that the Holy Quran had fixed the time of pregnancy and the time of nursing of a child as thirty months, and at another place the time of nursing as complete two years. These two years if deducted from the time of nursing the time of pregnancy remained only six months, i.e., the minimum.[1]

Hearing this Umar said: “Had not there been Ali, Umar must have gone to dust” and released the woman.

[1]       Qazaa, p. 35

11. The Case of a Woman who gave Birth to a Child within Six Months of her Pregnancy and was Stoned to Death under the Orders of Usman

It has been carried from Mowatta Imam Malik and from Arbaeen by Khateeb and also from Thalabi on the authority of the formers that Noja Tehni said that a man of his tribe married a woman, who gave birth to a child after six months of her marriage. The man took her to Usman who was then the Caliph and complained to him against his wife. Usman ordered her to be stoned to death.

When this matter was reported to Hazrat Ali (a.s.), he went to Usman and said that according to the Holy Quran the times of pregnancy and nursing of a child when put together were thirty months, while the time of nursing alone as fixed by the Holy Quran was complete two years. Thus the time of pregnancy when deducted from the total remained only six months, i.e., the minimum.

Hearing this Usman sent for the woman, but when the messenger reached the place where the woman was being stoned, she had breathed her last.

The judgement of Hazrat Ali (a.s.) is still remembered and followed in such cases to this day.[1]

[1]        Qazaa, p.35

Part 4

Adultery

1. Adultery and its Seriousness

Hazrat Ali (a.s.) has reported from the Holy Prophet (s.a.w.a.) who said, “When the crime of adultery in my followers will be appalling, the number of premature deaths will be on increase.”[1]

Imam Ja’far Sadiq (a.s.) has said, “A man who indulges in adultery must be ready for six things, he will face three things in this world and the other three in the world hereafter.

The three things he will face in this world are:

1.  His face will go ugly

2. Will be penniless

3. Will die soon

The three things he will face in the world hereafter are:

1. The rage of Allah

2. Very hard questioning

3. Will remain in the hell forever.”

A man came to Imam Ali bin Husain (a.s.) and told him: “I am addicted to adultery, commit copulation with a woman every night and keep fast the next day.”

The Holy Imam (a.s.) said to him, “The obedience to Allah is best of everything, neither commit adultery nor keep fast.”

Imam Baqir (a.s.) who was also present there pulled the man by collar and said to him, “O you bad man! Your actions are hellish, but you hope for Paradise.”[2]

[1]        Waafi, vol. 9, p. 34

[2]        Waafi, vol. 9, p. 34

2. Adultery by an Unmarried Person

Hazrat Ali (a.s.) used to punish those unmarried men who committed adultery by hundred whips and exile.[1]

[1]       Waafi, vol. 9, p. 39

3. If a Married Man or Woman Committed Adultery

If a married man or woman committed adultery Hazrat Ali (a.s.) awarded them the punishment of stoning to death.[1]

[1]       Waafi, vol. 9, p. 39

4. Rajm (Stoning to Death purifies the one who commits Adultery)

When Hazrat Ali (a.s.) went to see Sharaha Hamadania being stoned to death there was such a huge crowd that it was feared that people would be trampled by one another.

Hazrat Ali (a.s.) therefore, ordered the closure of the City gates. When the punishment was over and the gates were reopened for the people who had accompanied Hazrat Ali (a.s.) to the scene to come in, people started passing remarks on the deceased. Hazrat Ali (a.s.) said to them, “Hold your tongue now the deceased has been purified by the punishment awarded to her.”

5. No Dower for the Woman who is raped from the Man Involved in the Rape Case nor Punishment for the Woman Involved Therein

Said Hazrat Ali (a.s.), “If a man is involved in a rape case he would not have to pay the dower to the woman he committed rape with but would be stoned to death for the crime. However, there would be no punishment for the woman, because in such cases force is invariably used.”[1]

[1]       Waafi, vol. 9, p. 46

6. No Stoning to Death for a Mustabreha (a compelled woman)

It has been reported by Imam Muhammad Baqir (a.s.) that a man and a woman were brought to Hazrat Ali (a.s.). They were accused of adultery.

The woman said to Hazrat Ali (a.s.) that she was not guilty of adultery but was raped by the man in question.

Hazrat Ali (a.s.) did not award any punishment to her and said, “These so called masters of the religious law would say that she deserved punishment but Hazrat Ali (a.s.) allowed her to go unpunished, because he believed her.”[1]

[1]        Waafi, vol. 9, p. 42

7. Adultery with a Woman who agrees to the Crime under Adverse Circumstances

It has been carried from Arbaeen Khateeb Baghdadi that a woman was brought to Umar. She was found committing adultery on the bank of certain river of Arbistan.

After examining the witnesses Umar awarded her punishment of stoning to death

Hearing this judgement of Umar she uttered the following words, “O! God! You know that 1 am not guilty.”

These words of her enraged Umar further. He said to her, “You committed adultery and still you dare belie the witnesses.”

When she was being carried to the place where she was going to be stoned to death she met Hazrat Ali (a.s.) who was passing by that way.

Seeing her he (a.s.) asked the executioners to take her back to Umar for further investigation.

When she was taken back to Umar, Hazrat Ali (a.s.) asked her to relate her story to him (Hazrat Ali (a.s.).

The woman in question related her story to Hazrat Ali (a.s.) as follows:

“My family has some camels. Yesterday I took them out to the desert for grazing. At about noon I felt thirsty, but I had no water with me to drink, neither there was any water in the vicinity with which I could quench my thirst.”

“A little way off from there,” she continued, there was another man, who had water with him. But when I asked him for a little water to drink he refused to give a single drop of it to me unless I agreed to commit adultery with him, “but I refused.”

“When I felt very thirsty and was about to die of thirst,” further continued the woman, “I agreed, under compulsion though, to allow him to fulfil his carnal desire.

Having heard the story of the woman Hazrat Ali (a.s.) exclaimed, “The one who is compelled by circumstances in case he or she is not disobedient and does not exceed the limits of law and go beyond the restrictions put on him or her by Allah they are not responsible for any crime committed under such circumstance.”

Hearing this Umar released the woman.[1]

[1]       Manaaqib, vol. 2, p. 190; Behaarul Anwaar, vol. 9, p. 484; Riaz, vol. 2, p. 259; Zakheeratul Uqbaaa, p. 81; Turuqi Hikmia by Ibne Qaiyum

8. Stoning to Death of a Pregnant Woman

A pregnant woman who was accused of adultery was once brought to Umar. When she was asked as to whether she had committed the crime and after she had confessed her crime she was ordered by Umar to be put to death by stoning.

When she was being carried to be stoned to death, Hazrat Ali (a.s.) arrived on the scene and enquired of the people who were accompanying her as to what was the matter. The woman herself, to the query of Hazrat Ali (a.s.), told him that she was being carried to be stoned to death.

Hearing this Hazrat Ali (a.s.) said to Umar, “No doubt she has committed a crime, but what is the crime of the unborn child she is bearing?”

Thereupon, Umar uttered the following words three times: “Everybody knows the ecclesiastical law better than me.”

Finally, Hazrat Ali (a.s.) himself stood a surety for the woman till after she gave birth to a child. When it was over, the woman went to Umar and was stoned to death under his orders.[1]

[1]       Zakheeratul Uqbaaa, p. 81; Riaz, vol. 2, p. 259; Qazaa, p. 33

9. Children of Unknown Fathers

1. Zaid bin Arqam has reported that three persons had an equal share each in a slave girl. They committed the act of coition with the slave girl on separate occasions apparently being ignorant of the punishment thereof.

Hazrat Ali (a.s.) handed over the child to one of them by drawing a lot and ordered him to pay 2/3 of the price of the slave girl for payment equally to the other two.

When the Holy Prophet (s.a.w.a.) heard of this decision of Hazrat Ali (a.s.) he (s.a.w.a.) said, “All praise is for Allah who has bestowed knowledge on us, the Ahlul Bait.”[1]

2. Similarly another such incident happened wherein two men were involved.

Hazrat Ali (a.s.) drew a lot in that case also, ordered one of the men to pay half of the price of the slave girl for payment to the other one and handed over the child to the former.

When the Holy Prophet (s.a.w.a.) heard of this, he (s.a.w.a.) said, “All Praise is for God who has created among (the Ahlul Bait) the one who decides cases after Hazrat Dawood (a.s.).”[2]

3. Kulaini has reported that a case was brought to Hazrat Ali (a.s.) when he was at Yemen. The case was that a house had fallen from the debris of which two children were found. One of them was free while the other was a slave.

Hazrat Ali (a.s.) drew a lot and gave what was found from the debris of the fallen house and the ownership of the vacant plot to the free child and set free the other who was a slave.[3]

[1]        Zakheeratul Uqbaa, p. 13; Manaaqib, vol. 2, p. 176

[2]        Ajaaebul Ahkaam by Ibrahim Qummi

[3]        Qazaa, p. 133

10. If a Woman Commits Adultery when her Husband is in Prison

A woman was once accused of adultery while her husband was in prison. Hazrat Ali (a.s.) punished her by whipping instead of stoning her to death.[1]

[1]      Wasaael, vol. III, p. 427

11. Different Punishments for One and the Same Crime

Asbagh bin Nabata has reported that five persons who were accused of adultery were once brought to Umar. He ordered for their punishment by stoning them all to death.

Hazrat Ali (a.s.) when heard of that said that the judgement was wrong.

He then heard them separately and awarded them different punishments as follows;

To the first he awarded the punishment of beheading, stoning to death to the second, whipping to the third and half of the full punishment to the fourth. He set free the fifth after awarding him an ordinary punishment.

When Umar asked Hazrat Ali (a.s.) to explain his above decision, he (a.s.) said to him:

“The first of them is a Zimmi (the one who pays a certain amount to an Islamic State for the safety of his life) who has committed adultery with a Muslim woman; the second is a married man whose punishment under the religious law is stoning to death; the third is an unmarried man, who stands to be punished under the same law by whipping; the fourth is a slave whose punishment in case of adultery as fixed day the religious law is half of the full punishment fixed by the religious law for that crime; the fifth of them is half-mad and has therefore, been awarded an ordinary punishment for one and the same crime committed by others as this punishment has been fixed for such men and women by the religious law.”

Umar while accepting the above judgement of Hazrat Ali (a.s.) said, “May I not live in the nation wherein there is no Abul Hasan for solving such problems.”[1]

[1]        Manaaqib, vol. 2, p. 183; Naasekhut Tawaarikh, vol. III, p. 732; Behaarul Anwaar, vol. 9, p. 478

12. If Adultery is Committed by a man whose Wife is away from him

Hazrat Ali (a.s.) was on pilgrimage to Mecca when a man who was accused of adultery was produced before him.

The judgement by Umar who was a caliph then, was to stone the man to death.

On hearing of the above judgement delivered by Umar in the case in question, Hazrat Ali (a.s.) said to him; “The total punishment fixed by the religious law in such a case is whipping and not stoning to death, because the wife, of the man involved therein is away from him.”

Hearing of this decision by Hazrat Ali (a.s.), Umar said. “May not Allah allow me to survive the time when I am in a difficulty and Abul Hasan is not there to solve it.”[1]

[1]       Manaaqib Khawarzmi through Behaarul Anwaar, vol. 9, p. 478; Manaaqib Shahr-e-Aashob, vol. 2, p. 183

13. Adultery with a Christian or a Jewish woman

Hazrat Muhammad bin Abu Bakr once wrote to Hazrat Ali (a.s.) asking him that if a male Muslim commits adultery with a Christian or a Jewish woman what punishment should be awarded to them.

Hazrat Ali (a.s.) wrote back to him, “If the Muslim male is a married one, stone him to death, if unmarried, he should be punished by hundred whips. The Christian or Jewish woman, if involved in such a case should be deported to the people to treat her as they liked.”[1]

[1]       Waafi, vol. 9, p. 39

14. Adultery by a Matured Woman with an Unmatured Boy

A case of adultery by a matured woman with an unmatured boy was decided by Umar as under.

He ordered the woman to be punished by stoning to death.

Hazrat Ali (a.s.) when heard of it said, “The woman involved in the case should not be stoned to death but should only be whipped because the boy involved therein has not reached the age of maturity and could not, therefore, decide what is wrong and what is right.”[1]

[1]      Manaaqib, vol. 2, p. 183; Naasekhut Tawarikh, vol. 2, p. 732

15. Punishment for Repeating the Act of Adultery

Hazrat Ali (a.s.) decided in a case of adultery committed by a man several times during a day that if he had committed adultery repeatedly with one and the same woman he should be punished for that crime only once, but if he has committed the act with several different women the punishment would vary according to the number of the crimes committed by him.

16. A Cunning Old Man and his Virgin Wife

A cunning old man had married a virgin who became pregnant by him after marriage, but the old man believing himself to be incapable of the act of coition thought that she had committed adultery with some young man took her to Usman for a decision.

Usman asked the woman if the old man had, by the act of coition, removed her sign of virginity.

When the woman replied in the negative, Usman ordered that she should be stoned to death.

When Hazrat Ali (a.s.) heard of the above decision by Usman in the case in question, he told him, “Don’t make haste in seeing that your orders for her punishment are carried out, because every woman, may she be a virgin or a married one, has two outlets in her womb or uterus, one each for urine and menses. In case the fecundating fluid of a male (semen) enters uterus through the outlet of menses (the monthly course) of a woman with the seed or the worm of productivity it is quite possible if a woman produces a child therewith despite the fact that the sign of her virginity is not removed.”

Thereafter, the cunning old man also admitted to have discharged several times in the organ of generation of his wife before full erection of his penis.

When Hazrat Ali (a.s.) heard the old man saying this, he said, “The woman (wife of the old man) has certainly become pregnant by this old man.”

He (a.s.) then asked Usman to punish the old man for making false accusation against his wife and his wife should not be punished but released.

Usman did accordingly.[1]

[1]       Irshaad of Shaikh Mufeed (r.a.); Qazaa and Tehaa, p. 94; Manaaqib Shahr-e- Aashob, vol. 2, p. 192

17. A Man and a Woman both Accused of Adultery

A man and his wife both, when he had accused his wife of adultery, came quarrelling to Usman.

The man addressed his wife calling her ‘adulterous’.

His wife replied, “You are a more adulterous than myself.”

Hearing this discourse between the husband and wife, Usman ordered for punishing both by whipping.

Hazrat Ali (a.s.) then said to Usman, “Do not make haste in ordering such a punishment, because it is not correct. The correct judgement is that the woman who has herself confessed her crime indirectly by her talk to her husband should be awarded double punishment. One for committing adultery and the second for making false accusation against her husband but the punishment for adultery would be a little less than the total punishment fixed by the religious law for that crime, because she has not admitted it four times which is a necessary requirement in such a case, while the husband should be acquitted, because he has neither admitted his crime i.e., four times, nor is there any evidence thereof against him.”

Usman then revised his previous orders and decided the case as advised by Hazrat Ali (a.s.).[1]

[1]       Manaaqib, vol. 2, p. 182

18. A Novel Way of Satisfying One’s Carnal Desire

A woman had fallen in love with a man. She invented a novel way of satisfying her carnal desire. She slept in his bed at night disguised as his slave girl.

When the man in question went to bed he found the woman sleeping there.

As he did not want to lose the chance, he committed adultery with her.

When the case was brought to Hazrat Ali (a.s.), he ordered for punishment of the woman publicly, but ordered that the man involved in the case of adultery should be stoned to death secluded corner where there was none to see him stoned, apparently because his crime was a little less serious than that of hers, as she had created all the means of the crime in question. He was punished because he had recognised the woman before committing the shameful act otherwise would have been released without being punished.[1]

[1]        Manaaqib Shahr-e-Aashob, vol. 2, p 201

19. If an Old Man and an Old Woman Commit Adultery

An old man and an old woman committed adultery, Hazrat Ali (a.s.) got both of them punished with hundred whips each and stoned them to death.[1]

[1]      Waafi, vol. 9, p. 39

20. If Adultery is Committed by those who are dangerously Ill

A man was once brought to Hazrat Ali (a.s.) who was to be punished under the religious law for committing a certain crime, but as he had several wounds on his body, Hazrat Ali (a.s.) said that he should be spared for some time till he recovered from those wounds. However, his wounds were healed. And when it was so, he ordered for his total punishment.[1]

It has been reported by Imam Ja’far Sadiq (a.s.) that a man who was suffering from dropsy was presented before the Holy Prophet (s.a.w.a.). He was accused of adultery.

The Holy Prophet (s.a.w.a.) asked the woman involved in the case as to whether she had agreed to the crime to which she replied that she became aware of the fact when he had attacked her and overpowered her. Thereafter, the Holy Prophet (s.a.w.a.) asked the man as to whether he admitted his crime, to which he replied in the affirmative, but he was not a married man. The Holy Prophet (s.a.w.a.), therefore, sent for a branch of the palm tree! Then, he (a.s.) caught hold of a hundred thin straws from that branch and beat the man therewith.

From both the above reports, if taken jointly, it would be clear that a Muslim judge has the discretion of awarding either of the two punishments in such cases, i.e., he may award the punishment there and then as was done by the Holy Prophet (s.a.w.a.) or he may wait till the person recovers from illness.

In case the one and the only way adopted by the holy Prophet (s.a.w.a.) is followed by the judges in all such cases the fear of punishment would vanish from the minds of the people.

However, the judge must decide each case on individual merits and award the required punishment accordingly.

In case there is no hope of the survival of the person from that disease as was surely the case decided by the Holy Prophet (s.a.w.a.), he may follow the Holy Prophet (s.a.w.a.) in his judgement, but in case there is hope of survival of the accused from a certain disease or wounds as in the case decided by Hazrat Ali (a.s.) wherein there was a certainty that the accused would survive his wounds which were expected to heal sooner or later, the judge may follow the latter with discretion which is allowed to him in such cases.[2]

[1]        Waafi, vol. 9, p. 45

[2]        Note by Allamah Jazaaeri; Abu Turab (Urdu), vol. 2, p. 88

21. If Adultery is Committed with an insane Woman

A question was put to Hazrat Ali (a.s.) about an insane woman with whom adultery was committed and she had become pregnant also, to which the Holy Imam (a.s.) replied,

“An insane woman is just like an animal and is out of the control of her mind. Therefore, there is no punishment for her if she is involved in a case of adultery i.e., neither stoning to death nor even whipping or exile.”[1]

Allamah Jazaaeri in his collection of judgements of Hazrat Ali (a.s.) titled ‘Abu Turab’ (Urdu) Vol. 2, p. 89, has added the following note to the above judgement:

“The above judgement is particularly meant for an insane woman. If an insane man who is either completely mad or his brain is slightly deranged or he is only crack is involved in such a case he cannot escape the punishment fixed for adultery for the reason as explained in the following tradition of Imam Ja’far Sadiq (a.s.) who has said as follows.”

Thereafter, the Allamah has quoted the following tradition of Imam Ja’far Sadiq (a.s.) says the Holy Imam (a.s.),

“If an insane man or a woman whose brain is half deranged indulges in adultery, he would be stoned to death, provided he has a wife, otherwise he would be whipped.”

The person who has reported the above tradition of the Holy Imam (a.s.) proceeding further says as under:

“When I asked the Holy Imam (a.s.) as to why those were two different punishment for an insane man and an insane woman, he (a.s.) replied,

“It is because the man involved in such a case commits the crime deliberately and sensibly i.e., with full knowledge of his sensual feelings and as to how he should do it, whereas the woman with whom the crime is committed and who is only an object in the case and has no sense at all as to what is being done with her but at times she is totally ignorant of it.”[2]

[1]        Waafi, vol. 9, p. 46

[2]        Waafi, vol. 9, p. 46

22. If a Man Commits Adultery with his Mother

Says Hazrat Ali (a.s.), “If a person commits adultery with his mother, one hundred whips should be struck on his naked body and then he should be beheaded.”[1]

Explaining the case Allamah Jazaaeri says as under: -

“In the reports regarding other persons with whom marriage is prohibited by Allah in the Holy Quran the cases of adultery came under the same order as Imam Ali bin Husain (a.s.) has said, “If a wretched person commits adultery with his real sister his head should be cut with a sword to the extent the sword cuts his neck in one stroke. In case he still survives, he should be imprisoned for the rest of his life.”[2]

[1]        Qazaa & Tehaa; p. 61

[2]        Waafi, vol. 9, p. 46 through Abu Turab (Urdu), vol. 2, p. 90

23. Adultery in Dream

A man brought another man, holding him by the opening in his shirt, to the first caliph – Abu Bakr – and said to the caliph, “This man says that he was discharged by dreaming adultery with my mother last night.”

The caliph wondered as to what he should say in the matter.

Hazrat Ali (a.s.) who was also present in the mosque at the time said to the caliph. “In such a case the justice is this that the man who has described his dream to the other man should be made to stand in the sun-shine and the punishment orders should be carried out on his shadow as he dreamt adultery only in a shade but the man should also be struck with one or two whips, so that he should not trouble people with such loose talk in future.”[1]

[1]       Manaaqib Shahr-e-Aashob, vol. 2, p. 179

24. Murder and Adultery, a Corpse in the Niche of a Mosque

It has been reported that one day early in the morning when Umar went to the mosque as usual to lead the morning prayers there, he saw that someone was sleeping right in the niche of the mosque.

The caliph asked his slave to wake up the man. When the slave went near the sleeping man, the first glance showed him that it was not a man as he and the caliph had considered the person to be but a woman.

Later, when the slave removed the cover from the body of the sleeping person, he found that it was the corpse of a man dressed in woman clothes and with hands coloured with henna. The man was murdered by cutting of his throat.

The caliph asked his slave to put the corpse in a corner of the mosque and lead the prayer as usual. Thereafter, he asked Hazrat Ali (a.s.) as to what he was to do with the corpse.

Hazrat Ali (a.s.) said to him, “Let him be buried normally.” Then he (a.s.) added: “After some time you would see a new-born child at the same place.”

Umar asked Hazrat Ali (a.s.) as to how was it possible for him to say that.

Hazrat Ali (a.s.) replied, “My friend and cousin Muhammad Mustafa (s.a.w.a.) has apprised me about that.”

After about nine months had passed over the first incident and Umar one day was as usual in the mosque to lead the morning prayers when he heard the voice of a new-born child. No sooner Umar heard the voice of the baby, he uttered the following words:

“True is Allah, His Prophet Muhammad (s.a.w.a.) and the son of Muhammad (s.a.w.a.)’s uncle.”

Umar then asked his slave to take the baby to Hazrat Ali (a.s.).

When the child was taken to Hazrat Ali (a.s.), he said to the slave, “Request Umar on my behalf to appoint a nurse to feed the child on her breast.”

When the age of the child was nine months, one day which was the day of Eid-ul-Fitr, Hazrat Ali (a.s.) ordered that the child and the nurse who suckled her should be brought to the mosque after the Eid Prayers. Further, he ordered as under: -

“If some woman comes to the nurse and the child and if she kisses the child uttering the words: ‘O you the oppressed! The son of an oppressor and an oppressed,’ that woman should be brought to me at once.”

When the nurse was taking the child to the mosque, she heard the voice of a woman who was following her and saying, “Stop for a while for the sake of Muhammad (s.a.w.a.), the messenger of Allah, and listen to me.’’ When the nurse stopped, she saw that a very beautiful woman was following her. When she reached the place where the nurse was standing, she took the baby from the nurse, kept kissing her repeatedly for some time and uttering the same words and further said, “How much you resemble my deceased child.”

When the nurse heard the woman saying the words which she was told by Hazrat Ali (a.s.) she would hear, she caught hold of the woman by her hand and despite her protest she said, “I shall take you to Hazrat Ali (a.s.).”

When the woman heard the name of Hazrat Ali (a.s.) she began trembling and requesting the nurse again and again to let her go away. But when the nurse seemed adamant in her decision she said to her, “If you take me to Hazrat Ali (a.s.) I would be very much defamed. Therefore, you better accompany me to my house where I would give you very costly clothes and two invaluable embroidered head-covers made at Yemen, together with three hundred Dirhams.”

The nurse who was a greedy woman agreed to it, accompanied the woman in question, to her house where the latter gave her what she had promised to give and asked her to bring the child again to her on the day of Eid-ul-Azha and receive the same things rather more as a reward therefore. The nurse agreeing to the request of the woman and promising to her to take the child again to her house on the appointed day went to Hazrat Ali (a.s.).

When she was asked if she had seen the woman she was told about, she cunningly denied seeing any such woman.

Therefore, Hazrat Ali (a.s.) pointing out to the tomb of the Holy Prophet (s.a.w.a.) said to her, “I take oath of the person who is taking rest in his tomb that you saw the woman in question, accompanied her to her house, took such and such things from her, promised her to take the child to her again on the day of Eid-ul-Azha and receive a reward from her again.”

When the nurse heard this from Hazrat Ali (a.s.), she asked him if he knew all the things other than those which meet the eyes. To that Hazrat Ali (a.s.) replied that he did not but the Holy Prophet (s.a.w.a.) had apprised him of what had happened with her since she met the woman on her way to the mosque till after she left her house.

Thereafter, the nurse admitting her fault told the whole story to Hazrat Ali (a.s.) and asked him as to whether he still wanted the woman to be brought to him.

Hazrat Ali (a.s.) said to her, “That would be a double mistake because you have promised to wait till the ensuing Eid-ul-Azha and that on that day you should show her the child again. Therefore, you must now wait till that day.”

On the day of Eid-ul-Azha when the nurse was taking the child to the mosque again, the same woman met her on her way to the mosque, stopped her, took the child from her, kissed him repeatedly and said to him what she had said once before. Thereafter, she asked the nurse to accompany her to her house, so that she could give her reward for her courtesy. But this time the nurse did not accede to her request, but instead caught hold of the shirt with which she had covered her body and said to her, “Now 1 can’t let you go, because Hazrat Ali (a.s.) has come to know of the whole affair. So I must take you to him and what you want to say you may say now in his presence.”

The woman said with a sigh of grief, “O’ the One Who helps those who seek Thy help and Who gives reward to those who deserve it.” Thereafter, she looked up towards the sky and accompanied the nurse to Hazrat Ali (a.s.).

When Hazrat Ali (a.s.) saw her, he asked her if she wanted him to tell her whole story or would she tell it to him herself.

The woman said to Hazrat Ali (a.s.), “O Ameeral Momineen! I shall relate my story to you myself which is this.”

“I am an Ansari girl. The name of my father was Aamir bin Saad Khazraji, who died the death of a martyr in the company of the Holy Prophet (s.a.w.a.)”.

Proceeding further, she said, “After the death of my father my mother also died during the caliphate of Abu Bakr when my age was very small.”

“However,” she said, “I grew up in the company of other girls in the neighbourhood.”

Continuing her story she said, “One day, when I was playing with some other young girls in my house, a very old woman, who had a rosary in one hand and a walking stick in the other entered my house and asked me, ‘What is your name, my dear girl?’.”

“Jamila”, I replied.

“What is the name of your father?”

“Aamir Ansari.”

“Is not your father alive?”

“No.”

“Are you married?”

“I felt shy”, the woman told Hazrat Ali (a.s.), “and replied slowly in the negative”.

Then, the woman proceeding further said, “The old woman put her hand on my head, wept in sympathy with me, wished me blessing of Allah and then said to me, ‘You need a woman for service as well as for company’.”

“I said,” the woman told Hazrat Ali (a.s.), “What was better than that?” “To that she replied,” said the girl, “If that is that I am myself prepared to serve you, take me to be your mother”.

“When I heard this from the old woman’’ said the woman to Hazrat Ali (a.s.), “I felt very happy and said to her”.

“By all means, take this house to be your own house, live here as far as you like and feel at home.”

Further said the young woman to Hazrat Ali (a.s.), “Then she asked me to give her water for ablution. Thereafter, she said her prayer. Meanwhile, I brought some dales, fresh milk and bread for her.”

“When the old woman,” further said the young woman to Hazrat Ali (a.s.), “saw these things, she wept bitterly and said to me, ‘Take away this rich food from here, because I am not used to it; my food is the bread of barley and a little salt’.”

“Then”, said the young woman, “she busied herself in prayers again.”

“When the prayer was over”, said the woman to Hazrat Ali (a.s.), “I served her the food she had desired, i.e., the bread of barley and some salt therewith. And when it was served to her she also asked for some ash”.

“I was surprised,” said the woman to Hazrat Ali (a.s.) “but I obeyed her and gave her some ash also, which she mixed with the salt, took only three morsels of the barley bread, together with salt and the ash and then pushed the food away, drank some water and started saying her prayers again and remained busy therein till the next morning.”

“Seeing this,” said the woman, “I was very much impressed by her piety.”

“After the sunrise”, said the woman to Hazrat Ali (a.s.), “When I went to her to wish her good morning I kissed her head and requested her for praying for my deliverance on the Day of Judgement in the world hereafter because,” I said to her, “your praying for me would certainly be granted by Allah”.

“After some time,” said the woman to Hazrat Ali (a.s.), “the old woman said to me, such girl I have ever seen and I do not like to leave you alone when I go out. I think there should be a companion for you”.

Then, she said, “I have a daughter who is a little older than you. If you agree I can bring her to your house to keep your company and also to serve you.”

I said, “It would be my pleasure and I would feel honoured in her company.”

“Then”, said the woman to Hazrat Ali (a.s.), “she went out and came back alone.”

“When I asked her as to why she had not brought her daughter, she replied that her daughter had refused to come to my house she was afraid there would be disturbance in her prayers by the girls of the neighbourhood who used to come daily to my house and played with me.”

“So that I said that I would not allow any girl to come to my house so that the prayers of my sister should not be disturbed.” “I then,” said the woman to Hazrat Ali (a.s.), “requested her to go back and bring her daughter with her at once.”

“So she went out again”, said the woman to Hazrat Ali (a.s.), “and came back, after some time, with a tall woman, who was covered in a sheet from head to foot and had also a thick veil on her face.”

“As the daughter of the old woman was standing at my door, I asked her to come in and I closed the door so that no girl from the neighbour should enter and disturb her, as I had already promised.”

Proceeding further with her story the young woman said to Hazrat Ali (a.s.): “I then, asked the daughter of the old woman to put off her cover and veil and feel at home. 1 also impressed her to make her free with me. But when she put off her cover and veil I was about to faint, because the person behind there was a young man with a black beard and with henna on his both hands and feet. He was also dressed in the clothes of female.”

“Although I had become afraid”, said the young woman to Hazrat Ali (a.s.), “I did not lose my senses and I very sternly asked them both, i.e., the young man and the old woman to get out of my house, otherwise”, I told them, “if the caliph – Umar – hears of all this he would give you severe punishment”.

“Having said this”, said the young woman to Hazrat Ali (a.s.), “I got a little back so that I could run away, if necessary.” “But the young man became aware of my intention and jumped at me and overpowered me with the extra ordinary power of his body”.

“After some time”, said the young woman to Hazrat Ali (a.s.), with tears in her eyes, “I was weeping over the loss of my chastity at the hands of that wicked young man as I lay on the ground.”

She said further, weeping bitterly and uttering each word with great difficulty; “The young man, who had seduced me, was perhaps intoxicated with wine as he on his success in satisfying his carnal desire also lay a little further from me.”

“Suddenly”, said the young woman, “I became conscious of the presence of a dagger with him, snatched it from him and cut his throat therewith with all the force under my command. I then prayed to Allah thus:

“O Allah! Thou art the benefactor of all. Thou know well that I am a powerless woman and oppressed one. Thou also know that this man whom I have murdered has desecrated my chastity and I have only revenged my disrespect and the loss of my chastity by this murder.”

“At the night fall”, said the woman further to Hazrat Ali (a.s.), ‘I somehow or other removed the corpse of the young man and placed it in the niche of the mosque.”

“After some time had passed over the incident,” said the young woman, “I felt that I was pregnant and after giving birth to the child I was bearing I also placed him at the same place where I had placed the corpse of his father, thinking that if I killed the child it would be another mistake.”

“This is my story,” concluded the young woman, addressing Hazrat Ali (a.s.) as the cousin of the Holy Prophet (s.a.w.a.).

Hearing the above story from the young woman Umar said aloud:

“I stand a witness that the Holy Prophet (s.a.w.a.) has said: ‘I am the city of knowledge and Ali (a.s.) is its gate’.”

“Also said the Holy Prophet (s.a.w.a.)”, further exclaimed Umar: ‘My brother Ali (a.s.) always talks what is correct’.”

Thereafter, Umar requested Hazrat Ali (a.s.) to advise him as to what was the next step to be taken in the case.

Hazrat Ali (a.s.) said to the young woman: “If you bring the old woman to us, she would be duly punished for the crime she has committed”.

The young woman said to him in reply: “O Ali (a.s.)! Give me three days’ time during which I shall try to make a search for her in the city and bring her to you, if I could catch hold of her.”

Hazrat Ali (a.s.) then said to the nurse: “Give this child to her mother”.

Thereafter, the woman took the child home and then went out again in search of the cunning old woman. Fortunately, the next day she saw her walking in one of the streets of Medina caught her and took her to Hazrat Ali (a.s.) by force.

Hazrat Ali (a.s.) asked the old woman if she knew the woman who had caught her and brought her to him.

The old woman refused and said that she did not know at all who she was.

Hazrat Ali (a.s.) then asked her if she was ready to take an oath to that effect to which she agreed.

Then Hazrat Ali (a.s.) asked her to put her right hand on the grave of the Holy Prophet (s.a.w.a.) and say what she had said before. But as soon as she put her hand on the grave of the Holy Prophet (s.a.w.a.) and took the oath, her face went jet black.

Then a looking-glass was brought and given to her under the orders of Hazrat Ali (a.s.) to see her face therein.

When the old woman saw her face in the looking glass, she began crying in penitence. Seeing this Hazrat Ali (a.s.) prayed to Allah that in case the old woman was true in offering her penitence to Him, may He allow her face to return to its original colour but her face remained as black as before.

Hazrat Ali (a.s.) then said to her, “How did you offer the penitence that it has not been accepted by Allah.”

Thereafter, Umar ordered that she should be taken out of the city and stoned to death.[1]

[1]       Qazaa, p. 201-204

25. If a Woman Commits Adultery and Destroys the Illegitimate Child

A woman committed adultery and then destroyed the child born thereby.

Ameerul Momineen Hazrat Ali (a.s.) ordered that she should be punished by one hundred whips and then she should be stoned to death.[1]

[1]     Qazaa & Tehaa, p. 171

26. Murder of an Adulterer

It has been reported by Ibne Musayyab that once Muaviya wrote to him to enquire from Hazrat Ali (a.s.) as to what punishment should be awarded to a man who had murdered another man whom he had seen committing adultery with his wife.

In reply to the above enquiry Hazrat Ali (a.s.) said as follows:-

“If the man who was involved in adultery was a married one the murderer should be acquitted, because the man who has been murdered deserved the same punishment under the religious law.”[1]

[1]       Manaaqib Shahr-e-Aashob, vol. 2, p. 200 through Abu Turab (Urdu) by Allamah Jazaaeri, vol. 2, p. 104

Part 5

Confession

1. Confession by a Man of having Committed Adultery

It has been reported by Sheikh Saduq (a.r.) that a man once came to Hazrat Ali (a.s.) and confessed that he had committed adultery and requested him to purify him of his sin, but Hazrat Ali (a.s.) turned his face to another direction.

The man stood up again and said: “O Ali! I have committed adultery”.

Hazrat Ali (a.s.) again turned his face from his side to another direction and engaged himself in talking with some other people present there. But the man once again addressed Hazrat Ali (a.s.) in the same way, confessed again before him of having committed adultery and requested Hazrat Ali (a.s.) earnestly to purify him of his sin.

Hazrat Ali (a.s.) asked him: “Why are you saying this”?

“For purification of my sin”, said the man.

At first Hazrat Ali (a.s.) said without addressing any man in particular, “Why people don’t hide their own sins as Allah hides them from the eyes of other people?”

The second time when the man requested him again to purify him of his sin, Hazrat Ali (a.s.) remarked: “What else is there which is better than penitence?”

When the man stressed the point for the third time, Hazrat Ali (a.s.) told him that if he repeated his words of confession once again he would have to punish him as had been ordered by Allah. But when the man, despite the warning by Hazrat Ali (a.s.), repeated the words of confession once again, he asked him as to whether he was physically sound and if his brain was working all right and mind alfresco.

When the man replied in the affirmative, Hazrat Ali (a.s.) said to him, “All right, let me make an enquiry about the soundness of your brain at my own as you have told me now. Therefore you better wait a bit and come to me after some time when I have completed my enquiry.”

After Ameerul Momineen Hazrat Ali (a.s.) had made his private enquiry about the soundness of the man’s brain and it proved to be in proper form, the man appeared before him again and insisted on the punishment for his above mentioned crime and for his purification thereby.

Hazrat Ali (a.s.) then asked the people to gather next day outside Kufa with the condition that all of them had each a veil on their faces.

On the subsequent day when most of the residents of Kufa had collected outside the city of Kufa, Hazrat Ali (a.s.) addressed them as follows:

“O the people of Kufa! You have all collected and come here to witness this man to be stoned to death, but I bind you in the name of Allah to do so only if none of you has committed a crime for which punishment was necessary.”

Hearing the above words of Hazrat Ali (a.s.) most of the spectators left the scene. But according to the report of Kulaini (r.a.) only three persons were left on the scene. They were Hazrat Ali (a.s.) himself and his two sons, Hazrat Imam Hasan (a.s.) and Hazrat Imam Husain (a.s.).

When all other people had left, Hazrat Ali (a.s.) hit the man with a big and heavy stone first, sounding the words of ‘Takbeer’ (God is the greatest of all). Thereafter, Hazrat Imam Hasan (a.s.) and Hazrat Imam Husain (a.s.) hit him with stones turn by turn till the man was dead and his soul (in all probability) had reached paradise.

Thereafter, Hazrat Ali (a.s.) pulled the dead body of the man out of the ditch which was dug previously for the purpose of stoning him to death, brought him to the city of Kufa, led his funeral prayer and buried him.

When people asked him as to why he had not given him the last bath, Hazrat Ali (a.s.) replied as under: -

“The patience he manifested while being stoned to death gave him such a bath of purity that he did not require any bath thereafter.”[1]

[1]       Behaarul Anwaar, vol. 9, p. 494 through Abu Turab (Urdu) by Allamah Jazaaeri, vol. 2, pp. 129-132

2. Confession by a Woman of having Committed Adultery

Similarly as already mentioned in the case of a man a woman also came to Hazrat Ali (a.s.) and requested him for purification from the sin of adultery she had committed.

When asked if she was married she replied in the affirmative.

Thereafter, Hazrat Ali (a.s.) asked if her husband was present in the city or had he gone on some journey.

To that question of Hazrat Ali (a.s.) she replied that her husband was present in the city.

The next question of Hazrat Ali (a.s.) was: “Are you pregnant?”

“Yes,” promptly came the reply from the woman. Thereafter, Hazrat Ali (a.s.) said to her:

“Go now and come back to me after you have given birth to the child you are bearing.”

When the woman had gone out of sight Hazrat Ali (a.s.) uttered the following words:

‘O Allah! This was the one witness – the woman – who was just here and has given witness against herself.”

After some time the same woman came to Hazrat Ali (a.s.) again and said,

“O Ali! I have already given birth to the child I was bearing. Now please purify me of my sin because I don’t want to go to Allah without purification.” Thereafter, the woman remarked:

“I believe the course and the pains of death in this world are far less than the pains in the world hereafter if one go there without purifying soul”. Therefore, she added, “I prefer to be punished in this world for my sin and purified than to face the curse and pain of this sin in the world hereafter.”

After hearing the above remark from the woman, Hazrat Ali (a.s.) said to the woman,

“Go and feed this child on your breast for complete two years as it has been ordered by Allah in the Holy Quran and then come to me thereafter.”

When the suckling time was over, the woman in question came once again to Hazrat Ali (a.s.) and repeated her request for purification.

Hazrat Ali (a.s.) again asked her to go back and turn up again when her child was old enough to walk without the help of anybody else and was not apt to fall in any well or otherwise.

When the woman was going back with tears in her eyes she met Amr bin Harees who asked the cause of her crying. She related her story to him adding that as she was afraid of facing the punishment of her sin in the world hereafter she had requested Hazrat Ali (a.s.) to purify her in this very world.

Having heard her story Amr said to her: “I am prepared to take care of your child. Therefore, you go back to Hazrat Ali (a.s.) and request him once again for purifying you, telling him that I have taken charge of the child and will bring him up after you are stoned to death.”

Happy with this situation she went back to Hazrat Ali (a.s.) again accompanied this time by Amr bin Harees who showed his willingness to bring up the child after the death of his mother.

Hazrat Ali (a.s.) said to Amr bin Harees:

“Curse of God be on you, O Amr bin Harees! I had shown her a way of escaping the punishment in this world as well as in the world hereafter, but you closed the door to that way. However now! You shall have to take care of and bring up the child as you have promised.”

As it was quite apparent from the face of Hazrat Ali (a.s.) that he was too much angry with what Amr bin Harees had done. He – Amr bin Harees – therefore apologized to Hazrat Ali (a.s.) and wanted to take back his promise in question, but Hazrat Ali (a.s.) would not then agree to that. He instead asked the woman to repeat what she had said three times before about her committing adultery i.e., her husband was alive and present in the city when she had committed that offence, etc.

Hazrat Ali (a.s.) then addressed Allah thus:

“O Allah! I have examined this woman four times as witness against herself. You have said to Your Prophet, Muhammad (s.a.w.a.), that whoever rejected your order of punishment he or she is your enemy. You are witness to it that I have not rejected your order of punishment against any crime in any case including this one that I am not the one who rejects your orders and that I obey you in every way.”

Thereafter, Ameerul Momineen Hazrat Ali (a.s.) went to the pulpit and asked Qambar to call people for prayers.

When people had come to the mosque for saying their prayers, Hazrat Ali (a.s.) addressed them as follows:

“Gentlemen, I want to punish this woman for adultery tomorrow morning behind the wall of the city. Therefore, you should all come there to stone her, but you should also take care that you have wrapped your faces to such an extent that you do not recognize one another among yourselves till you go back home.”

The next day at the appointed time, it has been reported, people collected behind the back wall of Kufa as it was ordered by Hazrat Ali (a.s.) who was then a caliph. People had stones in the skirts of their garments and in their sleeves to stone the woman therewith. When the people were ready to stone the woman in question to death Hazrat Ali (a.s.) addressed them as follows:

“O the human beings! Allah has taken promise from the Holy Prophet (s.a.w.a.) that none who is himself punishable for any crime but has escaped it somehow or other would even punish another for his or her crime. Therefore, anyone of you who in his heart of hearts knows that he has himself committed some crime for which he has not been punished should not stone this woman.”

Hearing this all the people, except three left the scene. The three persons who remained on the scene were Hazrat Ali (a.s.) himself and his two sons – Hazrat Iman Hasan (a.s.) and Hazrat Imam Husain (a.s.) and it were they who stoned the woman in question to death.[1]

[1]       Behaarul Anwaar, vol. 9, p. 493; Kaafi; Tehzib and Mahaasin of Barqi

3. An Innocent Murderer

A man was found in some ruins in the condition that sleeves were both turned up, he had a blood stained knife in his hand and the dead body of another man who appeared to have been murdered in cold blood was lying before him.

The man with the blood stained knife in hand, when questioned by the people who had seen and caught him, confessed to have murdered the deceased whose body was found lying before him.

The people who had caught him wanted to kill him but some of them suggested taking him to Ameerul Momineen Hazrat Ali (a.s.).

So the accused was brought to Hazrat Ali (a.s.) who asked him if he had already admitted his crime before the people who had caught him.

The man admitted before Hazrat Ali (a.s.) to have confessed his crime before the people, but denied to have murdered the man with whose body he was caught.

When Hazrat Ali (a.s.) ordered him to relate the full story of the case to him, he said:

“O Ameeral Momineen! I had sacrificed a goat near the river mentioned by the people but I had gone to the river only to urinate there as after sacrificing the goat I felt too much pressure on my bladder.”

Hazrat Ali (a.s.) asked him as to why then he had admitted to have murdered. The man replied that he had admitted to have murdered the man because if he did not, the people would have beaten him to death to extort confusion from him.

Having heard the story from the accused Hazrat Ali (a.s.) asked the people to take him to Hazrat Imam Hasan (a.s.) for decision in the case.

When the people in question approached Hazrat Imam Hasan (a.s.) for judgement and related the story to him, he (a.s.) said,

“Tell Ameerul Momineen that the murderer has although murdered a man, yet he has also saved another from being murdered as has Allah said in the Holy Quran:

‘The one who has saved one life he is as though has saved the lives of all the human beings.’

“Therefore”, said Imam Hasan (a.s.),

“The order in such a case wherein another man has been caught in place of the actual murderer, the accused and the murderer both should be released”.

When the news of the above decision by Hazrat Imam Hasan (a.s.) reached Hazrat Ali (a.s.) he said:

“This was the only righteous judgement in this case”.[1]

[1]        Behaarul Anwaar, vol. 9, p. 498; Turaq-e-Hikmia, p. 55 through Abu Turab (Urdu) by Allamah Jazaaeri, vol. 2, pp. 141-142

4. Confession without going in Details

If someone admits to have committed a crime but does not name the crime he has, according to a decision of Hazrat Ali (a.s.), to be whipped till he names the crime for awarding the punishment therefore.[1]

[1]      Waafi, vol. 9, p, 76

5. Conditions of Confession

Besides mentioning the perfect frame of mind, freedom to confess or not to confess and maturity as conditions of confession Hazrat Ali (a.s.) has also said:

“If an accused in some case of theft admits to have committed the crime in question, his hand is not to be cut off.”[1]

[1]      Waafi, vol. 9, p. 64

Part 6

Cases of Theft

1. Hazrat Ali (a.s.) as a Plaintiff in the case of Theft of an Armour

Kulaini has reported in Kaafi authentically that once Hazrat Ali (a.s.) was sitting in the mosque of Kufa when Abdullah Tamimi passed before him with an armour. Hazrat Ali (a.s.) said to someone:

“Go and fetch that armour from him, because, I am sure, it belongs to Talha and it was stolen at the time of Jang-e-Jamal (the war of the Camel).”

When the man sent by Hazrat Ali (a.s.) asked Abdullah Tamimi to hand over the armour in question to him as was ordered by Hazrat Ali (a.s.) – who was the caliph then – Tamimi said to the messenger: “Qazi Shurayh is judge appointed by Hazrat Ali (a.s.) himself. Let him decide the cases between me and Hazrat Ali (a.s.).”

When the case was sent to Qazi Shurayh, he first asked Hazrat Ali (a.s.) to produce a witness. Hazrat Ali (a.s.) produced Hazrat Imam Hasan (a.s.) as a witness, but Qazi Shurayh did not accept only one witness and asked for two.

Then, Hazrat Ali (a.s.) produced Qambar as a second witness in the above case but Qazi Shurayh refused to accept Qambar as a witness under the plea that Qambar was a slave. But Hazrat Ali (a.s.) did not conform with the judgement of Qazi Shurayh and asked some people to take the armour from the person concerned by force, saying that the decision given by Qazi Shurayh was not only wrong but that he had slipped in one and the same case three times.

When Qazi Shurayh heard of that decision of Hazrat Ali (a.s.), he said to him, “Please explain as to how I have slipped in this case three times and until and unless you do not explain it to me 1 shall not sit as a judge in this court and will not decide any case hereafter in this or any other court.”

Then, Hazrat Ali (a.s.) explained the case to Qazi Shurayh as follows:

“I pity you, because I told you personally that the armour in question originally belonged to Talha but it was snatched from him during Jang-e-Jamal and that it was stolen thereafter. But you asked for evidence.”

Proceeding further Hazrat Ali (a.s.) said to Qazi Shurayh,

“Although in this case no evidence whatsoever was require because according to what the Holy Prophet (s.a.w.a.) has said anything which is snatched from the enemy during war is stolen and found with anybody later, it should be snatched at once without taking the case to a court of law as in such cases no evidence or witness was required at all. But thinking that you might not have heard of that tradition of the Holy Prophet (s.a.w.a.), I produced Hasan (a.s.) as a witness, but you did not accept that and asked for two witnesses as required by the religious law forgetting again that the Holy Prophet (s.a.w.a.) had allowed acceptance of any one witness under such special circumstances.”

Proceeding further in his explanation of the case to Qazi Shurayh Hazrat Ali (a.s.) said to him, “The third mistake in the case you made was that you did not accept Qambar as a witness, saying that as he was a slave, his witness was not acceptable, but you forgot once again that according to a tradition of the Holy Prophet (s.a.w.a.) a slave who is otherwise of good character and has proved himself as such is acceptable as a witness.”

After Hazrat Ali (a.s.) had explained the case to Qazi Shurayh he dismissed him from his post and expelled him from the city but re-nominated him as a Qazi (Judge) after sometime thereafter.[1]

[1]       Kaafi; Mataalibus Saul, p. 4

2. A Thief and a House-Wife

A thief entered a house with the intention of committing theft, but when he saw the house-wife his carnal feelings were roused and he raped her instead of stealing anything there from.

When the house-wife made a hue and cry, her son woke up and came to her help. The thief attacked him and killed him. Meanwhile, the house-wife who had become steady after the criminal attack of the thief on her attacked the thief from behind and killed him with some weapon.

Next morning the relations of the thief went to Hazrat Ali (a.s.) and requested him to penalize the house-wife for the murder of their relative. Their plea was that their relative – the thief – had apparently killed the son of the house-wife in his own defence, whereas she killed the thief intentionally to take revenge of the death of her son.

Hazrat Ali (a.s.) in turn got all of them arrested, made them pay the penalty of the murder of the young boy, i.e., the son of the house-wife to her.

Hazrat Ali (a.s.) also penalized them for the thief’s raping the house-wife and ordered them to pay four hundred Dirhams to her therefore.[1]

[1]       Qazaa & Tehaaa, p. 164

3. The Eight Thieves

Hars bin Hasira has described that he was once passing through some town when he saw a Negro, who had one of his hands amputated.

Hars bin Hasira says further: “When I asked the negro as to who had cut off his hand?” he replied, “The one who is the best of all creatures.”

Proceeding further with his story Hars bin Hasira says:

“When I asked the Negro to describe to me what had happened to him he related his story to me thus:”

“We were eight persons who had taken to theft. One day we were arrested and taken to Hazrat Ali (a.s.) who asked us if we had committed theft and we unanimously replied in the affirmative, he enquired as to whether we knew that theft was forbidden by religious and when we admitted possessing the knowledge, he ordered for cutting off our hands.”

The Negro proceeding further with his story related it to Hars bin Hasira as follows:

“But our hands were not cut off from the wrist as it is usually done in such cases but only four fingers of each hands of all of us were cut off, leaving the thumb and the palm.”

“Then”, said the Negro, “We were kept in a house where we were fed on pure Ghee and Honey and when we were allowed to go, Hazrat Ali (a.s.) gave us all fine clothes and said:

‘If you offer penitence and abstain from committing theft henceforth, you would all go to paradise; otherwise you would all go to hell with your hands cut off’.”[1]

Allamah Jazaaeri who has rendered the above story from Arabic into Urdu has added the following explanation to it:-

“In Islam the punishment for committing theft is the cutting off our hand. This is such a nice commandment of Allah in the “Holy Quran’ that in almost all the cases the possibility of repetition of the offence ends therewith. Moreover a thief is always easily recognized thereafter and wherever this practice is in force people very seldom dare commit the offence.”

“However”, says the Allamah, “the question which arises with regard to the punishment itself is that whether the hand of the thief should be cut off from the wrist, the elbow or the forearm? Because the ‘Holy Quran’ is silent after the main verse in this regard i.e.,

“Cut off the hand of the thief, male or female.”

Allamah explains, “Those who argue in favour of cutting off the hand of the thief up to the wrist only cite the verse of the ‘Holy Quran’ wherein the word ‘hand’ applies up to that portion only, while some others cite another verse of the Holy Book regarding ablution the word hand precedes the words ‘up to the elbow’.”

“Therefore, the second group of theologians has recommended that the hand of a thief should be cut ‘up to’ the elbow, which in the Arabic language means ‘including’.

Proceeding further with his explanation regarding the orders of Hazrat Ali (a.s.) for cutting off the hand of the thief by which only four fingers were cut off as in the case of the Negro, Allamah Jazaaeri of Lahore has reproduced[2] the account of an incident from Muntahiul Aamaal[3] relating the same question, which once took place in the court of Mo’tasim Abbasi, the Abbasid Caliph.

The incident described by the author of Muntahiul Aamaal and reproduced by Allamah Jazaaeri is as follows:

“Once a thief was produced in the court of Mo’tasim Abbasi and he admitted that he had committed theft.”

“The Abbasid Caliph turned to the theologians then present at the time in his court and asked them as to what portion of the thief’s hand should be cut off according to the religious law.”

“One of the groups of theologians referred to the first verse of the Holy Quran mentioned above and another to the second also cited above. Then the Caliph consulted Imam Muhammad Taqi (a.s.) who also happened to be present at that time in his court, and asked him as to what he had to say in the matter.”

The Holy Imam (a.s.) exclaimed:

“You have already heard what the two opposite groups of the theologians have said about it.”

But the caliph said to him (a.s.), ‘I want your opinion, Sir.’

Thereupon, the Holy Imam (a.s.) referred to the order of Hazrat Ali (a.s.) in that respect i.e.

“If only four fingers of the culprit are cut off, the commandment of Allah in the Holy Quran is fulfilled.”

When called upon to explain how it was so, the Holy Imam (a.s.) elaborated the point as follows:

“In so far as the comments on the two verses of the Holy Quran by the theologians present here are concerned they are correct and quite relevant in their respective places, but the words of the Holy Quran which were kept in view by Hazrat Ali (a.s.) while awarding punishment to a thief were neither of the first verse thereof nor of the second but of another verse which I submit, have escaped the sight of the honourable theologians present here.”

The Holy Imam (a.s.) recited the following verse of the ‘Holy Quran’:

“The parts (of the body) with which Sajdah (putting of head on the ground while offering prayers to Allah) is performed are all for Allah.”

Explaining the above verse of the ‘Holy Quran’ Imam Muhammad Taqi (a.s.) said to Mo’tasim Abbasi, the then Abbasid Caliph:

“If besides the forehead palms of both the hands are not used while performing ‘Sajdah’ the ‘Sajdah’ would be incomplete and consequently the prayers also. This is what is meant by ‘the verse I have just recited and completely followed by Hazrat Ali (a.s.) when awarding punishment to a thief i.e., cutting off only four fingers of his or her hand”.

When enlightened by the Holy Imam (a.s.) on the point of punishment to a thief, Motasim did not only agree with the views presented to him by the Holy Imam (a.s.) but liked them in as much as the thief concerned was awarded the punishment accordingly.

[1]        Behaarul Anwaar, vol. 9, p. 498 through Abu Turab (Urdu) by Allamah Jazaaeri, vol. 2, pp. 111-12

[2]        Abu Turab, vol. 2, p. 113

[3]        Vol. 2, p. 234

4. The One whose Hand is amputated as Punishment for Committing Theft

As reported by Imam Ja’far Sadiq (a.s.) some thieves were brought to Hazrat Ali (a.s.).

The thieves admitted their crime and Hazrat Ali (a.s.) ordered for cutting off their hands and when the order was carried out he said to them:

“Your hands have gone to Hell. If you offer penitence and abstain from committing theft in future, you can get them out; otherwise they would pull you all therein.”[1]

[1]       Waafi, vol. 9, p. 66

5. It is not Forbidden if one, in whose House enters a Thief and is ready to Fight, kills him

Said Ameerul Momineen Hazrat Ali (a.s.):

“If a thief enters your house and is ready to fight with you, kill him at once without caring for any thing at all; I am responsible for his blood.”[1]

A man once reported to Hazrat Ali (a.s.) that a thief had entered his house the previous night snatched the ornaments his wife was wearing and ran away.

Having heard the above report Hazrat Ali (a.s.) said to him:

“Had it happened with my son, Muhammad bin Hanafia, he would not have allowed him to run away without giving him a blow of his sword.”[2]

It has also been said by Hazrat Ali (a.s.) that Allah keeps enmity with the one who does not fight a thief who enters one’s house.

[1]        Waafi, vol. 9, p. 31

[2]        Waafi, vol. 9, p. 31

6. A Clever Thief who had Committed Theft One Hundred Times

Once a very handsome and well dressed young man belonging to the tribe of Bani Kauda, had committed theft one hundred times was brought to Hazrat Ali (a.s.).

Hazrat Ali (a.s.) addressed the accused as follows:

“You are a beautiful young man and are so well dressed. You also belong to a respectable tribe. Apart from that of your own you did not care for the respect commanded by your tribe while committing the theft. Your hand will now be cut off for the crime you have committed.”

When the young man accused of theft, heard the above speech of Hazrat Ali (a.s.) he hung his head low as if by shame and then said to Hazrat Ali (a.s.): “O Ameeral Momineen! For God’s sake take mercy on me. It is the first time to commit theft.”

Hazrat Ali (a.s.) said to him:

“Allah does not defame any person for the first time. Tell me truly how many times you have committed theft previously with the result that you have been finally arrested and your hand is now being amputated?”

Hearing Hazrat Ali (a.s.)’s speech thus, the young man burst into tears, caught hold the skirt of Hazrat Ali (a.s.)’s garment and said:

“O Ali! Take mercy on me and my family. I have to feed thirteen mouths. I am the only earning member in my family. If my hand is amputated, there will be none to take care of them and they would be left without any means of their livelihood.”

Hearing this Hazrat Ali (a.s.) bent his head for a little while and then lifting it said:

“Take the prisoner away and cut off his hand. We can’t help it.”

When the hand of the thief was cut off and he was presented before Hazrat Ali (a.s.) again, he himself said to Hazrat Ali (a.s.):

“I admit with great shame that I had committed theft 99 times before this. The present case makes my theft cases complete one hundred which has resulted in the cutting off my hand. Allah was allowing me time of which I have been taking undue advantage.”

Hazrat Ali (a.s.) then said to him:

“Verily Allah is forgiver and merciful. He does not punish one on the first mistake committed by one.”

Seeing this people rushed to kiss the hands of Hazrat Ali (a.s.) saying with one voice: “Allah save you, O Ali! Till a benefactor like you is with us we are quite safe”.[1]

[1]        Behaarul Anwaar, vol. 9, p. 493 through Abu Turab, vol. 2, pp. 116-117

7. Acquits an Accused who admits his Crime of Theft

A certain person came to Hazrat Ali (a.s.) and admitted before him that he had committed a theft.

Hazrat Ali (a.s.) asked him if he could read the Holy Quran.

The man said that he could read Surah Baqarah (the first of 30 parts of Holy Book of Allah).

Hazrat Ali (a.s.) said to him:

“I acquit you of the crime for the sake of that part of the Holy Quran”.

Hearing these words of Hazrat Ali (a.s.) Ashas bin Qais who happened to be present there at that time said to him: “O Ali! Do you want to suspend the order passed by Allah for this crime?”

Hazrat Ali (a.s.) replied:

O’ ye ignorant! You don’t know that an Imam who is just, can acquit the accuses who admit their crime themselves, but if they do not and two witnesses who are also just and of good moral character are produced against each of them, he cannot.”[1]

[1]        Waafi, vol. 9, p. 78 through Abu Turab (Urdu), vol. 2, p. 118

8. Punishment for Committing Theft for a Second and a Third Time

A thief was produced before Umar. Umar punished him by cutting off his right hand.

The same thief committed theft again and Umar punished him by cutting off his left foot for committing the same crime for a second time.

The same man when brought before Umar with the accusation that he had committed theft again, he ordered that his left hand also should be cut off.

Hazrat Ali (a.s.) who happened to be present there said to Umar:

“You have already cut off his one hand and one foot. Now he would have to be imprisoned for life.”[1]

Hazrat Imam Muhammad Baqir (a.s.) has reported that Hazrat Ali (a.s.)’s decision for cutting the hand of a thief for committing theft for the first time, cutting his left foot for committing theft again and sending him to prison if he committed the same crime was based on his just policy of allowing the theft at least to walk, take his food, cleaning after going to privy, making ablution and offering prayers.

Having said the above, Imam Mohammad Baqir (a.s.) quoted Hazrat Ali (a.s.) saying as follows:

“I should feel ashamed of myself before Allah if I make him (a thief) incapable for using any part of his body. In case he commits theft repeatedly I shall send him to prison for life so that he may die there.”

Imam Mohammad Baqir (a.s.) also quoted Hazrat Ali (a.s.) saying that the Holy Prophet (s.a.w.a.) also never ordered for cutting off the second hand and the second foot for his committing theft for the third time but he sent him to prison thereafter.[2]

Allamah Jazaaeri has in this connection also quoted Hazrat Imam Ja’far Sadiq (a.s.) on the authority of Hilal.

Says Hilal: “I once requested Hazrat Imam Ja’far Sadiq (a.s.) to kindly explain the secret of cutting off the right hand and the left foot of a thief if he commits theft twice and not the right hand and the right foot for punishing him for the first and the second case of theft against him respectively.”

The Holy Imam (a.s.) replied as follows:

“If some person is accused of committing theft twice and the case is proved against him as required by the religious law, his right hand and left foot are cut off for the first and the second offence respectively so that he could stand up by keeping balance of his body.”

Proceeding further in this respect, Hilal has recorded as follows: “When I requested the Holy Imam (a.s.) Kindly to elicit for my benefit as to how one could stand even with one foot and one hand, he explained it as follows:”

“The cutting off of one hand and one foot is not actually as you think it to be, because only four fingers of the culprit are cut off if the case is brought against him only once. But if he is charged and case is proved against him again his left foot is cut off but again not in the manner as you think as only a portion of the left foot is cut off starting from the heel to the rising of the back of the foot and it is left to the extent that he could stand and also offer his prayers and do other necessities of life.”

“Only four fingers of the right hand are cut off so that he could make ablution and say his prayers properly.”[3]

[1]        Behaarul Anwaar, vol. 9, p. 478; Manaaqib, vol. 2, p. 185 through Abu Turab (Urdu), vol. 2, p. 119

[2]        Waafi, vol. 9, p. 65

[3]        Waafi, vol. 9, p. 65 through Abu Turab (Urdu) vol. 2, pp. 120 and 121

9. Shroud Stealers

According to an order of Hazrat Ali (a.s.) a shroud stealer is also to be punished by cutting off his hand.[1]

Once a shroud stealer was brought to Hazrat Ali (a.s.), he (a.s.) caught him by the hair and threw him on the ground. Then he (a.s.) ordered people to trample him under their feet. Obeying the orders of Hazrat Ali (a.s.) people trampled him to death.[2]

On another time a shroud stealer was brought to Hazrat Ali (a.s.). He postponed his punishment to the coming Friday. On Friday after the prayers were over, he (a.s.) ordered the congregation to trample the shroud stealer under their feet, where after he was found dead.[3]

Explanation:

Punishment by cutting off the hand is awarded in the first and the second cases, but when sentence to death is found necessary the Imam is authorised to use his discretion i.e., to choose the way of his death.[4]

[1]        Waafi, vol. 9, p. 67

[2]        Waafi, vol. 9, p. 67

[3]        Waafi, vol. 9, p. 67

[4]        Allamah Jazaaeri

10. Slave Trade

A trafficker in children i.e., a man who used to pick up free children from the streets and then sell them as slaves was brought to Hazrat Ali (a.s.). He punished that criminal also by cutting off his hand.[1]

[1]        Waafi, vol. 9, p. 67

11. The Stage when Punishment to a Thief is Necessary

A thief entered the house of some body, collected some articles to carry them away, but was caught by the people who had collected there after hearing the noise of the owner of the house or the house wife.

When he was brought before Hazrat Ali (a.s.) he said that cutting of his hand was not necessary, because he had not taken away the articles he had collected to carry away from the house.[1]

It was the practice of Hazrat Ali (a.s.) to punish the thief by cutting off his hand if he had stolen ¼ or more of a Dinar.

A Dinar is equal to 18 grams of gold.[2]

[1]        Qazaa, p. 82

[2]        Waafi, vol. 9, p. 61

12. Punishment for a Sharp Practiser — Pickpocket

(1) Hazrat Ali (a.s.) once said:

The punishment for a sharp practiser is not the cutting of his hand. We shall cut the hand of the one who steals something and goes underground and not of the one who snatches something from some body.

(2) A pick-pocket was once brought to Hazrat Ali (a.s.) with the accusation that he had picked the pocket of a certain person who had also accompanied him.

Hazrat Ali (a.s.) said to the people present before him, then:

“If he has picked the inner pocket of this man his hand would be cut off but in case he has picked the complainant’s outer pocket his hand would not be cut off.”[1]

Note: Hazrat Ali (a.s.) only beat them and sent them to prison.

Note by the Compiler

“It would be interesting to note in this connection a discourse in Arabic poetry between Abulula Moarri and Syed Murtaza Ibne Huda (brother of Syed Razi, the compiler of Nahjul Balagha) which we have rendered in English prose for the benefit of our readers.

Abulula: How is that the hand, the penalty whereof is five hundred Dinars, is cut off for ¼ Dinar only.

Syed Murtaza: The penalty has been fixed at a higher rate for the hand of an honest man, whereas a thief lowers its price by degrading it by dishonesty.

[1]       Waafi, vol. 9, p. 64

13. A Thief who had snatched an Earring from a Girl

A man who had run away after snatching an earring from a girl was brought to Hazrat Ali (a.s.). Hazrat Ali (a.s.) said:

“He has not stolen but has snatched the earring.”

Thereafter, the Holy Imam (a.s.) beat the Thief and sent him to prison.

14. Committing Theft during Famine

It has been reported by Hazrat Imam Ja’far Sadiq (a.s.) that Hazrat Ali (a.s.) did not order for cutting off the hand of thief during a famine.[1]

Explanation

Allamah Jazaaeri of Lahore has explained the above order as follows:

According to the meaning derived from reports recorded through some other Imams it has been calculated that such judgements mostly had been delivered by Hazrat Ali (a.s.) only when somebody would have had stolen some articles of food only and that too, under compulsion of hunger during a famine otherwise he always awarded total punishment.[2]

[1]        Waafi, vol. 9, p. 64

[2]        Abu Turab (Urdu), vol. 2, p. 126-127

15. Plucking of Fruits from Fruit Trees for Food

Hazrat Ali (a.s.) did not also order for cutting hand of the one who had plucked a fruit from some fruit tree. Further, he said:

“If a person is passing by a fruit tree there is no harm if he plucks a few fruits from that tree for eating provided he or she does not destroy them”.[1]

A man who was found hiding under the cot of someone else was once brought before Hazrat Ali (a.s.) for punishing him for his above mentioned action. Hazrat Ali (a.s.) ordered:

“Take him to some privy and push him inside it headlong so that his face is spoiled in the rubbish therein and then release him’.[2]

[1]        Waafi, vol. 9, p. 64

[2]        Waafi, vol. 9, p. 53

Part 7

Cheating and Forgery

1. Cheating by Hanzala

When the Holy Prophet (s.a.w.a.) migrated from Mecca to Medina he left all the things with Hazrat Ali (a.s.) with the advice that they should be returned to those who had deposited them with him for keeping in safe custody.

Taking opportunity of this situation, Hanzala – the son of Abu Sufyan and brother of Moaviya – called Amir bin Wail Saqafi and said to him. “Go to Ali (a.s.) and tell him that you had deposited eighty Misqals of Gold with Mohammad (s.a.w.a.) and ask him to return that quantity of gold to you.”

In exchange of this cheating Hanzala promised to give Amir bin Wail a great reward and offered him a golden necklace belonging to his mother, Hinda. The necklace weighed ten Misqal and was very precious. Hanzala also offered Amir bin Wail Saqafi one hundred Misqal gold, besides the necklace.

Amir bin Wail was led away by this great offer which was made to him as an advance of the reward which Hanzala had promised to give him if he succeeded in his effort.

As advised by Hanzala, Amir bin Wail went to Hazrat Ali (a.s.) and asked him to return the eighty Misqals of gold which, he said, he had kept in the safe custody of the Holy Prophet (s.a.w.a.).

It may be mentioned here that the Holy Prophet (s.a.w.a.) had himself pasted a slip of paper on each and every thing deposited with him with the name of the depositor written legibly thereon.

Accordingly, Hazrat Ali (a.s.) searched for the eighty Misqals of gold alleged to have been deposited with the Holy Prophet (s.a.w.a.) by Amir bin Wail, but it was found nowhere among the other deposits all of which were quite safe and were being duly returned by Hazrat Ali (a.s.) to their owners.

Hazrat Ali (a.s.) then tried to make Amir bin Wail to tell him the truth by giving him a lecture on honesty and morality, but Amir bin Wail Saqafi would not listen to any such thing and insisted on the return of his deposit adding that he could even produce witnesses such as Abu Jehl, his son Akram, Aqba bin Moit, Abu Sufyan and his son Hanzala in support of his deposit and demand.

Hazrat Ali (a.s.) knew very well that Amir bin Wail was a cheat and that he was mislead by the same persons whom he had named as witnesses of his deposit. He therefore, asked Amir bin Wail to produce the witnesses he had named.

The persons named above except Abu Jehl when asked by Amir bin Wail readily came as they had already agreed to it, to stand as witnesses in the case.

Hazrat Ali (a.s.) called Amir bin Wail first of all alone and asked him to tell him the time and day of his depositing what he had alleged to have deposited with the Holy Prophet (s.a.w.a.).

Having recorded that, Hazrat Ali (a.s.) called the witnesses one by one in the presence of Amir bin Wail and put the same questions to them, but their statements about the time and date of the deposit were all contradictory to one another.

Seeing this Amir bin Wail was very much confused and perplexed.

Hazrat Ali (a.s.) said to him:

“How is it with you? Why the colour of your face has changed altogether? How are you feeling?”

Amir bin Wail then admitted before Ali (a.s.) that he had deceitfully come to Amir to demand the deposit, because he had, as a matter of fact, deposited nothing with the Holy Prophet (s.a.w.a.). He then showed the necklace Hanzala had given him to play that fraud.

As the name of Hinda, the wife of Abu Sufyan, was clearly inscribed on the necklace, all the witnesses bent down their heads in shame including all the relations of Abu Sufyan, who happened to be present on the scene.

Hazrat Ali (a.s.) then asked some body to fetch his (Hazrat Ali (a.s.)’s) sword which was lying in a corner of the house. When the sword was brought to him, he showed it to Abu Sufyan and asked him as to whom it belonged.

Abu Sufyan recognized the sword at once and said that it belonged to his son, Hanzala.

When Hanzala was asked as to whom he had given his sword? He said to Hazrat Ali (a.s.) that he had given to his slave.

When asked as to where was his slave? He said that he had sent him to Taif for some work.

Hazrat Ali (a.s.) then said to Hanzala, “You will never see your slave now.” “Why?” asked Hanzala.

In reply Hazrat Ali (a.s.) took Hanzala, Abu Sufyan and other witnesses together with all other people present there at that time to a place on the skirts of the city of Mecca, dug the ground and brought out the slave of Hanzala who was buried a few feet deep therein.

All were surprised when they saw the dead body of the slave and asked Hazrat Ali (a.s.) as to what had happend to him.

Hazrat Ali (a.s.) told them that the slave of Hanzala was in hiding near that place and when he passed by it he attacked him under the orders of his master – Hanzala – but was killed in the fight and buried by Hazrat Ali (a.s.) himself at the dead of night.

Further, Hazrat Ali (a.s.) told the people that when the first trick of Abu Sufyan and his son, Hanzala, failed they tried to play a second i.e., they sent Amir bin Wail to him under a plot made by the father and the son to demand fraudulently from him eighty Misqal of gold saying that he had deposited that with his brother, the Holy Prophet (s.a.w.a.).

No sooner Amir bin Wail Saqafi heard that from Hazrat Ali (a.s.) he at once recited the Kalemah (there is no God but Allah and Muhammad is His Prophet) and thus embraced Islam as the light of the faith had dawned on him.[1]

[1]        Behaarul Anwaar, vol. 2, p. 476 through Waqdi and Ishaq and Tabari; Manaaqib, vol. 2, p. 176 and Naasekhut Tawaarikh, vol. 2, p. 230 through Abu Turab (Urdu) by Allamah Jazaaeri, pp. 147-151

2. A Case of Forgery

During the Caliphate of Umar a man named Moin bin Zaeda got the seal of the Caliphate prepared fraudulently and affixing it to several forged documents received ample money from different parties. Finally he was arrested and presented before Umar as a prisoner. When Umar consulted his advisers, some of them counselled him to cut off the hand of the prisoner, while some others advised that he should be hanged in public, but Ali (a.s.) kept silent.

Having heard the advices of them all, Umar turned to Hazrat Ali (a.s.) and asked him: “O Abul Hasan! What do you say in the matter?” Hazrat Ali (a.s.) replied:

“It is a case of telling a lie therefore, he should be whipped on his naked body.”

Umar accepted the advice of Hazrat Ali (a.s.) and ordered that the prisoner should be whipped hard and then sent to prison.[1]

[1]     Fatuhul Balazai through Qazaa, p. 59

3. The Two Cheats

Ibrahim Alqami has reported in his book ‘Ajach Qazaya’ that there were two cheats who used to sell themselves to people as slaves in different cities one after another turn by turn.

When they were caught and brought to Hazrat Ali (a.s.), he ordered for the cutting of their hands saying that they had cheated themselves as well as the public.[1]

[1]        Qazaa, p. 57, also Turuq-e-Hikmia by Ibn-e-Qaiyyum, p. 4, through Abu Turab (Urdu), vol. 2, p. 154

4. Cheating in Marriage

A man had two daughters one of them was from an Arab wife and the other from another wife who hailed from some country other than Arabia.

A young man contracted to marry the girl who was the daughter of the man’s Arab wife. The marriage performed, he brought her to his house and paid her the dower.

The day after the night they had passed as husband and wife, he came to know that he was deceived by the father of his wife, who had married to him his other daughter instead of the one who was from his Arab wife and whom he had contracted to give to him (the young man) in wedlock.

When the case regarding that deceitful marriage was taken to Moaviya, he found it difficult as to how to decide the case and, therefore, referred it to Hazrat Ali (a.s.) who was then at Kufa.

When the case was presented before Ali (a.s.) he ordered the father of the girl to give his second daughter to the young man in marriage together with a dower equal to the dower the young man had paid to his first daughter. He also ordered the young man to divorce his first wife and live separate from her till the expiry of her probation period and then remarry her, if he liked. Besides, the father of the two girls was also ordered to pay the penalty for cheating the young man.[1]

[1]       Mustadrak, vol. 2, p. 603; Manaaqib, vol. 2, p. 197; Naasekhut Tawaarikh, vol. 3, p. 738 through Abu Turab (Urdu), vol. 2, p. 155

5. An Impotent Man who married a Woman Deceitfully

An impotent man married a woman deceitfully. When the woman came to know of it, she took the matter to Hazrat Ali (a.s.) who separated them and ordered that he should pay to the