« The Book of Blood Money (ad-Diyat) » est le livre 31 de Al-Kafi, le recueil de ash-Shaykh Muhammad ibn Ya'qub al-Kulayni. Il contient 78 hadiths — Hadith 13 422–13 471 selon la numérotation standard. Chacun est présenté ci-dessous dans l'arabe original avec une traduction, sa référence complète, et l'authentification donnée par les savants du hadith lorsqu'elle a été enregistrée. Il est suffisamment long pour être divisé en 2 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
1. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn ‘Isa from abu ‘Abd Allah al-Mu’min from ibn Muskan from Sulayman ibn Khalid who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Stay away from governing, it is only for the Imam who has the knowledge of adjudication with justice among the Muslims. It is for a Prophet or Executor of the will of a Prophet.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ya’qub ibn Yazid from Yahya ibn al-Mubarak from ‘Abd Allah ibn Jabalah from abu Jamilah from Ishaq ibn ‘Ammar who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said ’ Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, once said to Shurayh, ‘You have sat in a place where no one can sit except a Prophet or an Executor of the will of a Prophet, or a wicked one.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hisham ibn Salim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’ Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, appointed Shurayh as a judge with the condition that his judgments will take effect only after they are shown to him (Imam Ali, ‘Alayhi al-Salam).”
1. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father in a marfu ‘ manner who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘Judges are of four kinds of whom three are in the fire and one is in the garden (paradises). There is a man who issues judgments unjustly and he knows it, so he is in the fire. There is a man who issues judgments unjustly but he does not know, he also is in the fire; and there is a man who issues judgments that are right but he does not have the knowledge, he also is in the fire. There is a man who issues the right kind of judgments, based on his right knowledge, thus he is in the garden (paradises).’ “He (the Imam), ‘Alayhi al-Salam, has said, ‘Judgments are of two kinds: the judgments under rules of Allah and the judgments of ignorance. If one misses the law and judgment of Allah, he then has judged by the judgment of ignorance.’”
2. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from ibn Faddal from Tha‘labah ibn Maymun from abu Basir who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Judgments and laws are of two kinds: the judgment of Allah and the judgment of ignorance. Allah, most Majestic, most Glorious, has said, “. . . who is a better judge than Allah for a believing people.” (5:59) You all must bear testimony that Zayd ibn Thabit issued a judgment in matters of obligations according to the judgment of ignorance.’” (In the case of a contracting slave-girl and her fornication Zayd judged opposite to the judgment of Ali, ‘Alayhi al-Salam, in the time of ‘Uthman)
1. Ali ibn Ibrahim has narrated from his father from ibn Faddal from Thalabah from Sabbah al-Azraq from Hakam al-Hannat from abu Basir from abu Ja‘far, ‘Alayhi al-Salam, and Hakam from ibn abu Ya’fur from abu ‘Abd Allah, ‘Alayhi al-Salam, who has narrated the following: “The two Imam, ‘Alayhim al-Salam, have made this pronouncement. ‘One who issues judgment and he is of the people who possess whip or stick (government). Even though it is about two dirham but it is by means of something other than what Allah, most Majestic, most Glorious, has sent, he is in denial of what Allah, most Majestic, most Glorious, has sent to Muhammad, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Muhammad ibn Humran from abu Basir who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘One who issues judgment on the basis of something other than what Allah, most Majestic, most Glorious, has sent is in denial of the existence of Allah, the most Great.’”
3. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from certain persons of our people from ‘Abd Allah ibn Kathir from ‘Abd Allah ibn Muskan in a marfu‘ manner who has narrated the following: “He (the Imam), ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said this Hadith. ‘One who issues judgment even about two dirham by means of injustice then applies it by force is of those to whom this verse of the Quran applies, “. . . those who issue judgment but not according to the laws of Allah, they are of the unbelievers.” (5:44) I then said, ‘How does he enforce on him?’ He (the Imam) said, ‘He is one who has the whip and jail. He issues judgment against him to agree with his judgment, otherwise, he beats him up with his whip and confines him in his jail.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn ‘Isa from ‘Abd Allah al-Mu’min from Mu‘awiyah ibn Wahab who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Any judge who issues a judgment between the two and makes a mistake, he falls into a depth farther than the sky.’”
5. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn Sa‘id from ibn Faddal from Dawud ibn Farqad who has narrated the following: “A man narrated to me from Sa‘id ibn abu al-Khasib al-Bajaliy who has said that once I was with ibn abu Layla’ as a travelmate until we arrived in al-Madinah. When we were in the Masjid of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, Ja‘far ibn Muhammad, ‘Alayhim al-Salam, came in. I then said to ibn abu Layla’ to go to him (the Imam). He asked, ‘What will we do before him?’ I said, ‘Speak to him and ask him questions.’ He then said, ‘Stand up and allow us to go.’ We went before him (the Imam) and he asked me about my family and myself and asked, ‘Who is this man with you?’ I said, ‘This is ibn abu Layla’, the judge of the Muslims.’ He (the Imam) then asked, ‘Are you ibn abu Layla’ the judge of the Muslims?’ He replied, ‘Yes, I am he.’ He (the Imam) asked, ‘Do you take the assets of this and give it to this one, (issue command to) kill and separate a man from his woman without being afraid of anyone?’ He replied, ‘Yes, I do so.’ He (the Imam) then asked, ‘By what means do you judge?’ He replied, ‘I judge by means of what has come to me from the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and from Ali, ‘Alayhi al-Salam, from abu Bakr and ‘Umar.’ He (the Imam) asked, ‘Has it come to your notice that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, “Ali is the best among you to issue judgment.’” He replied, ‘Yes, it has come to my notice.’ He (the Imam) asked, ‘Why then do you judge against the judgment of Ali, ‘Alayhi al-Salam ? You do it after knowing this fact. What will you say if an earth of gold will be brought and a sky of silver on one side? On the other hand the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, will hold your hand and make you stand before your Lord, and say, ‘This judged on the basis of something other than Your laws and judgment.’ The face of ibn abu Layla’ turned pale like saffron. He (the Imam) said to me, ‘Find another travelmate, otherwise, I will not speak to you, not even a word from my head.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘ Abd al- Rahman ibn al-Hajjaj who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was in the group of the circle of Rabi‘ah al-Ra’y when an Arab man came and asked Rabi‘ah al-Ra’iy a question and he replied. When he became quiet the Arab man asked, ‘Do you take responsibility for your answer?’ He remained quiet and did not respond. He repeated the question and he gave a similar answer and the Arab man asked, ‘Do you take the responsibility? But Rabi‘ah al-Ra’y remained quiet. Abu ‘Abd Allah, ‘Alayhi al-Salam, said to him that it is his responsibility. He said, ‘Has He not said that everyone who issues a Fatwa is responsible for it?”’
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Ri’ab from abu ‘Ubaydah who has narrated the following: “Abu Ja’far, ‘Alayhi al-Salam, has said, ‘If one issues fatwas without knowledge and guidance from Allah, all angels, of mercy and angels of suffering condemn him and the sin of those who follow his fatwas will be attached to him.’”
1. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from ‘ Abd Allah ibn Sinan who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about a judge between two towns who receives his wages from al-Sultan. He (the Imam) said, ‘It is a sinful earning.”’
2. A number of our people have narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn Sa‘id from his brother al-Hassan from Zur‘ah from Sama‘ah, who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Accepting a bribe to issue a judgment is denial of the existence of Allah.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Sinan from ibn Muskan from Yazid ibn Farqad who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about al-Suht (sinful earning). He (the Imam) said, ‘It is accepting a bribe to issue judgments.’”
1. Ali ibn Ibrahim has narrated from his father from af-Nawfafiy from af-Sakuniy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, Alayhi al-Salam, has said, ‘The hand of Allah waves over the head of a governor and a judge because of judgment; but when he acts unjustly then Allah leaves him to his own self.’”
2. A number of our people have narrated from Sahl ibn Ziyad and Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from abu Hamzah al-Thumaliy who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said among the Israelites there was a judge who judged with the truth. When his death approached, he said to his woman, ‘When I die, wash my body, shroud me, place me on my bed and cover my head so you do not see anything bad.’ When he died, she followed his instructions and waited for some time; then she opened his face to look at him and found a worm cutting his nostril. She was shocked because of it and at night he came in her dream and asked, ‘Did what you saw shock you?’ She replied, ‘Yes, it shocked me.’ He said, ‘That was because of your brother who had a dispute with another man and they came to me for judgment. Only in my heart, I said, ‘O Lord, make the right to be on his side.’ When they presented their case, the right was on the side of your brother, which I saw clearly in the rules of judgment. Just for what I said in my heart I face the suffering that shocked you even though it was in accordance with the truth.’”
1. Ali ibn Ibrahim has narrated from his father from certain persons of our people from Muhammad ibn Muslim who has narrated the following: “Once, in al-Madinah I was sitting before a judge, when abu Ja‘far and abu ‘ Abd Allah, ‘Alayhim al- Salam, passed by. The next day I went to visit him (the Imam), he asked, ‘What was the gathering where I saw you?’ I said, ‘I pray to Allah to keep my soul in service for your cause, this judge honors me and sometimes I sit with him.’ He (the Imam) said, ‘What will protect you if condemnation falls up on such gathering to encompass you also?’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ‘Abd Allah ibn Sinan who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Any believing person who takes another believing person before a judge or Sultan of injustice who then judges by means of something other than what Allah has sent, he becomes his (judge’s) partner in the sin.’”
2. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Yazid ibn Ishaq from Harun ibn Hamzah al-Ghanawiy from Hariz from abu Basir who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If anyone may have a dispute with his brother about a certain right, he then calls him before one of his brothers to judge for them but he refuses. He takes him before these ones, he will be like the one about whom Allah, most Majestic, most Glorious, has said, “. . . have you considered those who think they have believed in what Allah has sent before you, they like to seek judgment before the transgressors when they are commanded to reject the transgressors, the devil.” (4:60)’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from ‘Abd Allah ibn Bahr from ‘Abd Allah ibn Muskan from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the meaning of the words of Allah, most Majestic, most Glorious, ‘. . . do not consume your wealth among yourselves in falsehood and throw them to the rulers.’ (2:188) He (the Imam) said, ‘O abu Basir, Allah, most Majestic, most Glorious, knows that among the nations there are unjust rulers who commit injustice. He has not thereby meant the rulers of justice but He has meant the unjust rulers. O abu Muhammad, if you have a certain right on a man and you call him before the judges of justice but he refuses and wants to take you before the unjust rulers and judges for judgment for him, he is one of those who has gone for justice before the transgressors. This is mentioned in the words of Allah, most Majestic, most Glorious. “. . . have you considered those who think they have believed in what Allah has sent before you, they like to seek judgment before the transgressors when they are commanded to reject the transgressors, the devil.” (4:60)’”
4. Al-Husayn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from abu Khadijah who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, once said to me, ‘Beware no one among you must take one another before the people of injustice. You must find among yourselves one who knows certain things of our judgment; then you must appoint him to judge for you; I have made him to judge for you and you must seek adjudication before him.’”
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Isa from Safwan from Dawud ibn al- Haseen from ‘Umar ibn Hanzalah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about two of our people who have a dispute over a certain issue of religion or inheritance, and they go for judgment before the Sultan or a judge; if it is lawful. He (the Imam) said, ‘Whoever seeks judgment before al-Taghut (transgressors) who judges for him, whatever he then receives by such judgment is al-suht (sinful earning) even if it is his established right; he has taken it through the judgment of al-Taghut (transgressors) when Allah has commanded to reject al-Taghut.’ I then asked, ’What then should they do?’ He (the Imam) said, ‘You must find one among you who narrates our Hadith and has given thought about our lawful and unlawful matters and has learned our rules; then you must accept him as the judge among you; I have made him the judge and ruler over you. When he issues judgments according to our rules and it is not accepted from him, then the rule and laws of Allah are taken lightly and our rules are rejected. Those who reject us, they have rejected Allah and that is like taking things as partners of Allah.’”
1. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from ‘Amr ibn abu af-Miqdam from his father Safmah ibn Kuhayf who has narrated the following: “I heard ’ Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, saying to Shurayh, ’Keep an eye on those who delay payment of debts on them and on the procrastinators and on defending the rights of people against the capable and the affluent ones who throw the wealth of the Muslims to the ruling parties. Take the rights of people from them and sell for this purpose real properties and buildings; I heard the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, saying, “The procrastination of an affluent Muslim is injustice to the Muslim.” Those who do not own real properties and homes or other assets, there is no way against them. You must take notice that people cannot be made to do the right thing except by stopping them from falsehood. Be comforting for the Muslims by the appearance of your face, words and sitting manners so that people with nearness to you cannot expect you to be unjust and your adversary loses hope of your justice. Make a plaintiff to take an oath along with testimony; it clears up the blindness and confusion and solidifies the judgment. You must take notice that Muslims are all just people toward each other except those whipped for penalty who have not repented, those well- known for presenting false testimony and a doubting pessimist. You must always stay away from censuring and hurting people in an adjudicating session, for conducting of which Allah has made the recompense obligatory with good rewards for those who render the right judgment. You must keep in mind that arranging a settlement is permissible among the Muslims, except a settlement that makes the lawful as unlawful and the unlawful as lawful. You must set a time limit for those who claim to have absent witnesses. If they present such witnesses then restore their rights; but if they did not present such witnesses, then you must issue judgment against them. You must never issue a judgment in equitable retaliation or a penalty of the penalties, which Allah has sanctioned for the rights of the Muslims without first showing it to me, by the will of Allah. Do not sit (to eat) in the adjudicating session until you complete eating.”’
2. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘One whose task is adjudication he must not take his seat to adjudicate when angry.’”
3. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, has said, ‘One who has the task of adjudication must comfort people by means of his gestures, look and seating positions.’”
4. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “A man once became a guest of ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, and stayed with him for several days. He then presented a case before him (the Imam) for adjudication, which he had not mentioned to him (the Imam) before. He (the Imam) asked, ‘Are you the plaintiff?’ The man replied, ‘Yes, I am the plaintiff.’ He (the Imam) said, ‘You must move in another place for lodging; the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has prohibited entertaining a plaintiff as a guest without the presence of the defendant.’”
5. A number of our people have narrated from Ahmad ibn abu ‘Abd Allah in a marfu‘ manner who has narrated the following: “’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, once said to Shurayh, ’You must not please anyone in your adjudicating session, and if you become angry, you must stand up and must not issue a judgment when you are angry.’ Abu ’Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘The tongue of a judge is behind his heart. If it is for him, he speaks; and if it is against him, he remains quiet.’”
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hajjal from Dawud ibn abu Yazid from the one who had heard from him (the Imam) who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a judge, to those on his right or left side, says, “What do you think, what do you say?” He is condemned by Allah, the angels and all people. Why must he not move away and make them sit in his place?”’
1. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from ibn abu ‘Umayr from Sa‘d ibn Hisham ibn al-Hakam who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘I must judge among you on the basis of evidence and oath. Certain ones among you make more mistakes in their argument than others. For whomever I cut off (takes away) from the assets of his brother, I only cut off for him thereby a piece of the fire.’”
2. Ali has narrated from his father from certain persons of his people from ‘Asem ibn Humayd from Muhammad ibn Qays who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that once one of the prophets complained before his Lord saying, ‘How can I judge in matters about which I am not informed how to deal with/ He said, ‘Leave them for Me and add them to My name by which they must swear and take an oath.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from ibn Faddal ibn Ayyub from Aban ibn ‘Uthman from those who narrated to him who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that it is in the book of Ali, ‘Alayhi al-Salam, that one of the Prophets complained before his Lord about adjudication saying, ‘How can I judge about what my eyes have not seen and my ears have not heard?’ He told him to judge among them by means of evidence and testimony and make them to swear by His name. He (the Imam) then said that Dawud ‘Alayhi al-Salam, once said, ‘O Lord, show me the reality as it is so I can judge accordingly.’ The Lord said, ‘You will not be able to bear it.’ He insisted that the reality be shown to him. A man then came with a complaint against another man for taking his assets. Allah, most Majestic, most Glorious, revealed to Dawud ‘Alayhi al-Salam, that the plaintiff has killed the father of the defendant and has taken his assets. He then issued a judgment that required the plaintiff to be executed and his assets must be given to the defendant. He (the Imam) said, ‘People were confused and they spoke about it until it reached Dawud ‘Alayhi al-Salam. He felt uncomfortable about it so he prayed before the Lord to remove what he had asked for (showing the reality). Allah, most Majestic, most Glorious, then commanded him to judge on the basis of evidence and asking them to swear by His name.’”
4. It is narrated from the narrator of the previous Hadith from al-Nadr ibn Suwayd from Hisham ibn Salim from Sulayman ibn Khalid who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that it is in the book of Ali, ‘Alayhi al-Salam, that one of the Prophets complained before his Lord saying, ‘O Lord, how can I judge among people what I have not witnessed?’ Allah, most Majestic, most Glorious, then sent him revelation that said, ‘Judge among them by means of my book and making them to swear by My name.’ He (the Imam) said, ‘This is in the case of those who cannot establish evidence and testimony.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy from Jamil and Hisham who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ’Establishing testimony (the burden of proof) is on the plaintiff and oath is on the defendant.”’
2. Abu Ali al-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from abu ‘Abd Allah, ibn Bukayr from abu Basir who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘In the matters of your blood (lives), Allah has judged differently from His judging in matters of your assets. In matters of your assets and belongings, He has judged by means of placing the establishment of testimony (burden of proof) on the plaintiff and oath on the defendant. In matters of your blood (lives), He has placed establishment of testimony (burden of proof) on the defendant, and oath on the plaintiff so that the blood (life) of a Muslim is not invalidated.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isa ibn ‘Ubayd from Yasin who has said that narrated to him ‘ Abd al-Rahman ibn abu ‘ Abd Allah who has narrated the following: “I once said to the Shaykh, ‘Alayhi al-Salam, to instruct me about the case of a man who claims against another for owing him a certain right but has no testimony to prove it. He (the Imam) said, ‘The defendant then must take an oath; and if he did so then he does not have any right, if he did not take an oath his right is established. If the defendant has died and testimony is established against him, then the plaintiff must take an oath by Allah, besides whom no one deserves to be worshipped, that so and so has died and that his right is on him. If he takes such an oath, otherwise, he has no right; we do not know, perhaps the deceased may have paid him in the presence of witnesses that we do not know their place or without testimony, before his death. For this reason oath is on the plaintiff with testimony, but if he claims without testimony he has no right because the defendant is not living; had he been living he had to take an oath or pay the right or turn the oath on the plaintiff in which case the right would not have been proved against him.”
1. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has narrated the following: “This is about the case of a man who brings a complaint against another but does not have testimony. One of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, has said, ‘He must ask him (defendant) to take an oath; and if he turns the oath on the plaintiff who does not take oath, then he has no right.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Husayn ibn Sa‘id from al-Nadr ibn Suwayd from al-Qasim ibn Sulayman from ‘Ubayd ibn Zurarah who has narrated the following: “About the case of a man who brings a complaint against another but does not have testimony, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He must ask him (defendant) to take an oath, and if he turns the oath on the plaintiff who does not take the oath, then he has no right.’”
3. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from the one who narrated to him who has narrated the following: “He (the Imam), ‘Alayhi al-Salam, has said, ‘There are four ways to prove a case. One way to prove it is the testimony of two just men, if this is not available, then one man and two women, if this is not available, then it is the testimony of one man and the oath of the plaintiff; if there is no witness then the oath is on the defendant. If the defendant does not take the oath and turns it to plaintiff then it is obligatory on him to take the oath to receive his right, and if he declines, there is nothing for him.’”
4. Humayd ibn Ziyad has narrated from al-Hassan ibn Muhammad ibn Sama‘ah, from certain persons of his people from Aban from a man who has narrated the following: “This is about the case of a man who claims to have a right on another man but does not have any testimony. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He can ask the defendant to take an oath, but if he declines and asks the plaintiff to take an oath, then it is obligatory on him to take an oath to receive his right.’”
5. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hisham ibn Salim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the oath can be turned to the plaintiff.”
1. Ali ibn Ibrahim has narrated from his father from certain persons of his people from ‘Asem ibn Humayd from Muhammad ibn Muslim who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the case of a man who has testimony; if it is obligatory on him to take an oath. He (the Imam) said, ‘No, it is not obligatory on him/”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam or others from Aban from abu al-‘Abbas who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If a man presents testimony to prove his right, it then is not obligatory on him to take an oath; but if he does not present testimony and the defendant turns the oath to him and he (plaintiff) declines to take an oath, he then does not have any right.”’ Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Aban from a man from abu ‘Abd Allah, ‘Alayhi al-Salam, has narrated a similar Hadith.
1. Ali ibn Ibrahim has narrated from his father from ibn Faddal from Ali ibn ‘Uqbah from Musa ibn ‘Ukayl al-Numayriy from ibn abu Ya’fur who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ’If a plaintiff agrees with the defendant’s taking an oath who then swears that the plaintiff does not have any right on him, it abolishes the right of the plaintiff and the case is dismissed.’ I then asked, ‘What happens if he can present just testimony?’ He (the Imam) said, ‘Yes, even so, an oath by Allah fifty times abolishes and invalidates his claim because of which he had asked for an oath.’”
2. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan all from ibn abu ‘Umayr from Ibrahim ibn ‘Abd al-FIamid from Khidr al-Nakha’iy who has narrated the following: “About the case of a man who has a certain right on another man who denies it, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If he has made him to take an oath, then he does not have any right; but if he has not made him to take an oath, then his right is in place.’”
3. Ali has narrated from his father from ‘Abd al-Rahman ibn Hammad from Ibrahim ibn ‘Abd al-Hamid from certain persons of his people who has narrated the following: “This is about the case of a man to whom another man owes a certain amount of assets who denies and takes an oath that he does not owe him anything; if he (plaintiff) must be content with it or there is any remedy for him? He (the Imam), ‘Alayhi al-Salam, has said, ‘He does not have any right thereafter and so also is the case if he (plaintiff) waives it for the sake of Allah, he does not have any right to ask for it anymore.’”
1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Safwan from Shu’ayb from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who comes to a certain people and claims the house. It is in their possession but he claims to be his house. The one who has the house in his possession presents testimony that he has inherited it from his father but does not know more about it. He (the Imam) said, The party that has the greater degree of testimony is asked to take an oath and it then is given to him.’ He (the Imam) then mentioned that once a certain people came before Ali, ‘Alayhi al-Salam. They had a dispute over a mule. There was testimony that this party had bred it in their barn, which they did not sell, or gift; and the other party presented testimony that they had bred it in their barn and had not sold or gifted. He (the Imam) issued a judgment in favor of the party with a greater degree of testimony and asked him to take an oath. I then asked about the one who claims a house to be his house. He (the Imam) said, Tf the father of the one who lives there had taken it without price and the one living in it did not present testimony but that he has inherited it from his father’, he (the Imam) said, Tf this is the case it then belongs to the one who has claimed it and has presented testimony.’” (In al-Masalik it is said that when testimonies contradict and the asset is in their hand they each receive one-half)
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Khashshab from Ghiyath ibn Kallub from Ishaq ibn ‘Ammar who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that once two men presented their case before Amir al- Mu’minin, Ali, ‘Alayhi al-Salam, about a stumper in their hand and each presented testimony that it was bred in his facilities. He (the Imam) then asked them to take an oath. One party did not take oath, then he (the Imam) issued a judgment in favor of the one who had taken the oath. It then was asked, ‘What would have happened if it was not in the hand of anyone of them and both presented testimony?’ He (the Imam) said, ‘I would ask them to take an oath. If one party took the oath and the other refused, the one who took the oath wins the case. If both of them took oath I will make it for them half and half.’ It then was asked, ‘What happens if it is in the hand of one of them and they both present testimony?’ He (the Imam) said, ‘I would issue a judgment in favor of the one who has it in his hand and takes an oath.’”
3. Al-Husayn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Washsha’ from Aban from ‘Abd al-Rahman ibn abu ‘Abd Allah who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’ Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, whenever two people came before him with just witnesses in equal numbers, would cast a raffle about who must take the oath.’ He (the Imam) said that he (the Imam) would say, ‘O Lord of the seven heavens, whoever is right then make it available for him’ and he would decide in favor of the one whose raffle came out for taking the oath; if he took the oath.’”
4. It is narrated from the narrator of the previous Hadith from Mu‘alla’ ibn Muhammad ibn Muhammad from al-Washsha’ from Dawud ibn Sarhan who has narrated the following: “About the case of two witnesses who testify about one thing and two others testify differently, abu ‘Abd Allah, ‘Alayhi al-Salam, has said that a raffle must be arranged and whoever ’s name comes out to take an oath then judgment must be issued in his favor.’”
Daif (per the well-known view)· al-Majlisi
Recueils sunnites : texte du jeu de données ouvert hadith-api. Al-Kafi : texte arabe, traduction de Muhammad Sarwar et authentifications de Thaqalayn.net via l'API Thaqalayn. La numérotation suit ces éditions et peut différer d'une copie imprimée — vérifiez l'arabe dans une édition de confiance avant de vous appuyer sur une référence.
