Ceci est la partie 7 sur 7 de « The Book of Inheritance », livre 29 de Al-Kafi — Hadith 13 293–13 298. Le livre est suffisamment long pour être divisé en 7 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
6. Ibn Mahbub has narrated from Khalid ibn Jarir from abu al-Rabi’ who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked about Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘He is a man who frees his slave, then says to him, “Go wherever you like. There is nothing for me from your legacy and I am not liable of anything because of your crimes.” He arranges witness to bear testimony thereof.’”
7. Ibn Mahbub has narrated from abu Ayyub from Burayd ibn Mu’awiyah al- ‘ Ij liy who has narrated the following: “I once asked abu Ja’far, ‘Alayhi al-Salam, about the case of a man who owed the freeing of a slave but he died before freeing a slave. His son then went to buy a man from his earnings and set him free on behalf of his father; the freed man earned an asset and then died; and about to whom belongs his legacy? He (the Imam) said, ‘If his father owed it because of Zihar, thanksgiving or it was obligatory on him then the freed is Sa’ibah (unconditionally freed slave) and no one has anything on him. If he found a guardian for himself from the Muslims before his death, who took upon himself his liabilities for his crimes, he is his guardian and heir; if no relatives of the freed man exists. If he did not find anyone of the Muslims as his guardian until he died, then his legacy is for the Imam of the Muslims if his relatives who can inherit him do not exist.’ He (the Imam) said, ‘If his father owed the freeing of a slave for optional reasons and his father had commanded him to free for him a soul, then the guardianship of freed man belongs to all heirs of the deceased of the male ones.’ He (the Imam) said, ‘The one who buys and frees him because of the command of his father is like one of the heirs; if the freed does not have any relative among the Muslims who are free to inherit him.’ He (the Imam) said, ‘If his son buys the slave and frees for his father from his asset after his father, optionally on his behalf without any command from his father, then guardianship and legacy belongs to the one who bought the slave from his asset to be freed who freed him for his father. This applies only when the freed one has not left behind any relatives.’”
8. Ali ibn Ibrahim has narrated from [his father] from Muhammad ibn ‘Isa ibn ‘Ubayd from Yunus from Hisham ibn Salim from Sulayman ibn Khalid who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the slave who is freed in the manner of Sa’ibah (unconditionally freed slave). He (the Imam) said, ‘He is free to choose a guardian whoever he likes to bail out his liabilities due to crime and then inherit his legacy. ’I then asked, ‘What happens if he remains quiet until he dies?’ He (the Imam) said, ‘His legacy is placed in the treasury of the Muslims.’”
9. Muhammad ibn Yahya and others have narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Abd al-Hamid from Hisham ibn Salim from abu Basir who has narrated the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said that Amir al-Mu’minin once issued a judgment. It was in the case of a slave whose master had caused him serious physical damage, that he (the slave) is free in the manner of Sa’ibah (unconditionally freed slave) so that he can choose whomever he likes as his guardian to bail out his liabilities for his crimes and then inherit his legacy.”’
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn al-Hassan ibn Afi from ‘Amr ibn Sa‘id from Musaddiq ibn Sadaqah from ‘Ammar ai-Sabatiy who has narrated the foliowing: “About the case of a Mukatabah between two partners, of whom one frees his share and about what the servant must do, he (the Imam) said, ‘The servant serves one day the one who has not freed his share and one day works for himself.’ I then asked, ‘What happens if he dies and leaves assets?’ He (the Imam) said, ‘The asset is half and half between the one who freed his share and the one who has not freed his share.’”
2. It is narrated from the narrator of the previous Hadith from al-Hassan ibn Musa al-Khashshab from Ghiyath ibn Kalfub from Ishaq ibn ‘Ammar who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that once a slave who had contracted his freedom came to ’ Amir al-Mu’minin, ‘Alayhi al-Salam, and said, ‘My master made a contract with me with the condition of several installment payments every year. I brought him all installments to pay at once and asked him to accept it and allow my freedom but he refused. Amir al-Mu’minin summoned him and he said, ‘He has spoken the truth.’ He (the Imam) asked, ‘Why do you not accept the assets and approve his freedom?’ He replied, ‘I accept only in installments as the condition requires and I avoid his legacy.’ Amir al-Mu’minin then said, ‘You have the right to stay with your condition.’”
Hasan or Muwaththaq· al-Majlisi
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