Ceci est la partie 2 sur 3 de « The Book of Legal Penalties (al-Hudud) », livre 30 de Al-Kafi — Hadith 13 349–13 398. Le livre est suffisamment long pour être divisé en 3 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
5. 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 ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, has said, ‘If children are asked to bear testimony if they did so as children it is permissible, when they grow up, to present it if they have not forgotten.’”
6. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Jamil who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about a child if he can testify in the case of murder. He (the Imam) said, ‘His first words are accepted but his second words are not accepted.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ‘ Abd af- Rahman ibn af-Hajjaj who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, has said, ‘A slave’s testimony is not harmful if he is a just man.”’
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Khalid and al-Husayn ibn Sa‘id all from al- Qasim ibn Muhammad ibn ‘Urwah from ‘Abd al-Hamid al-Ta’iy from Muhammad ibn Muslim who has narrated the following: “About the testimony of a slave abu ‘Abd Allah, Alayhi al-Salam, has said, ‘If he is a just man it is permissible. The first one who rejected the testimony of a slave was ‘Umar ibn al-Khattab. Once a slave was brought before him to testify and he said, ‘If I testify I fear for myself; if I hide, it is a sin for me before my Lord.’ He (‘Umar) then said, ‘Testify, but after you I will not allow any slave to testify.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from al-Qasim ibn ‘Urwah from Burayd ibn Mu‘awiyah who has narrated the following: “I once asked abu ‘Abd Allah, Alayhi al-Salam, if the testimony of a slave is acceptable. He (the Imam) said, ‘Yes, it is permissible and the first one who rejected the testimony of a slave was so and
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Jamil ibn Darraj and Muhammad ibn Humran who has narrated the following: “We asked abu ‘ Abd Allah, ‘Alayhi al-Salam, if testimony of women is acceptable in penalty cases. He (the Imam) said, ‘Only in murder cases it is acceptable. ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, would say, “The blood (life) of a Muslim cannot be invalidated.’””
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Uthaman from al-Halabiy who has narrated the following: “Once abu ‘Abd Allah, ‘Alayhi al-Salam, was asked, if testimony by women is acceptable in the case of marriage?’ He (the Imam) said, ‘It is acceptable if there is a man with them. Ali, ‘Alayhi al-Salam, would say, “I do not accept the testimony by women in divorce.’” I then asked if testimony of women with a man is acceptable in matters of a loan. He (the Imam) said, ‘Yes, it is acceptable.’ I asked about the testimony of a nurse about childbirth. He (the Imam) said, ‘The testimony of one nurse is acceptable.’ He (the Imam) said, ‘Testimony of women in matters of a loan, childbirth and virginity is acceptable.’ Those who had heard from him (the Imam) narrated to me that his father had informed him that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, allowed testimony by women in matters of a loan with an oath by the plaintiff. He must swear by Allah that his claim is right.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the testimony of women in the case of stoning. He (the Imam) said, ‘If there are three men and two women, but if there are two men and four women, stoning is not permissible.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Ali ibn abu Hamzah from abu Basir who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the testimony of women. He (the Imam) said, ‘It is acceptable in matters in which men cannot become a witness. It is acceptable about marriage if there is a man with them, but it is not acceptable in divorce or blood (life) except that it is acceptable in the penalty for fornication if there are three men and two women, but the testimony of two men and four women is not acceptable in this case.’”
5. Ali ibn Ibrahim has narrated from his father and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad all from ibn Mahbub from Muhammad ibn al-Fudayl who has narrated the following: “I once asked abu al-Hassan, al-Rida’, ‘Alayhi al-Salam, if testimony of women is acceptable in marriage or divorce or stoning. He (the Imam) said, ‘It is acceptable in matters which men cannot witness (look at) and there is no man with them. Their testimony in marriage is acceptable if there is a man with them; and their testimony in the penalty for fornication is acceptable if there are three men and two women; but the testimony of two men and four women is not acceptable in this case and their testimony about divorce and blood (life) is not acceptable.’”
6. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has narrated the following: “He (the Imam) has said that testimony of women about new moon is not acceptable as well as in divorce. I asked him (the Imam), ‘Alayhi al-Salam, if testimony of women is acceptable. He (the Imam) said, ‘Yes, it is acceptable about virginity and childbirth.’”
7. Yunus has narrated from ‘Abd Allah ibn Bukayr who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said testimony of women about virginity and every defect which men cannot look at is admissible.’”
8. It is narrated from the narrator of the previous Hadith from ‘Abd Allah ibn Sinan who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Testimony of women about the new moon is not acceptable. It is not acceptable in stoning with two men and four women but it is acceptable with three men and two women.’ He (the Imam) said, ‘The testimony of women without men is acceptable in matters that cannot be witnessed by men who are not allowed to look at it and the testimony of a nurse is admissible about childbirth.’”
9. A number of our people have narrated from Sahl ibn Ziyad from ibn abu Najran from Muthanna’ al-Hannat from Zurarah who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the testimony of women if it is acceptable in marriage. He (the Imam) said, ‘Yes, it is acceptable, but it is not acceptable about divorce.’ He (the Imam) said that Ali, ‘Alayhi al-Salam, has said, ‘Testimony of women is acceptable in stoning if there are three men and two women; but if there are four women and two men it is not acceptable about stoning.’ I asked, ‘Is testimony of women with men acceptable in blood (life) cases?’ He (the Imam) said, ‘No, it is not acceptable.’”
10. Al-Husayn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Washsha’ from Aban ibn ‘Uthman from ‘Abd al-Rahman ibn abu ‘Abd Allah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a woman who is about to die and there is no one with her except a woman; if her testimony is admissible or not. He (the Imam) said, ‘Testimony of women is acceptable about childbirth and virginity.’”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Ibrahim al-Harithiy who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Testimony of women is acceptable in matters where men cannot witness and look to bear witness thereof. Testimony of women is acceptable about marriage but not about divorce or blood (life) and it is acceptable about the penalty for fornication if there are three men and two women but not if there are two men and four women and their testimony about stoning is not acceptable.’”
12. Ibn Mahbub has narrated from ‘Umar ibn Yazid who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who dies and leaves behind a woman who is pregnant and gives birth after his death to a boy. Then the boy dies after falling on the ground and she who nursed witnesses it all. She says that he was alive and cried upon falling on the ground, then died. He (the Imam) said, ’The Imam can allow her testimony about one-fourth of the legacy of the boy.”’
13. A number of our people have narrated from Sahl ibn Ziyad from ibn abu Nasr from Dawud ibn Sarhan who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, T accept testimony of women about a boy who cried or did not cry, and about everything to which men cannot look, the testimony of women is acceptable.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from abu al-Mighra’ from al-Halabiy who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that the testimony of a man is acceptable for his wife and testimony of a wife is acceptable for her husband if there are others with her.”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from ibn Mahbub from Hisham ibn Salim from ‘Ammar ibn Marwan who has narrated the following: “I or a certain persons of our people asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who presents testimony for his wife. He (the Imam) said, ‘If it is for a good cause it is permissible to testify for one’s wife.’”
1. Ali ibn Ibrahim has narrated from his father from Muhammad ibn ‘Isa from Yunus from Zur’ah from Sama‘ah from abu Basir who has narrated the following: “I once asked abu ‘ Abd Allah, ‘Alayhi al-Salam, about the testimony of a father for his son or a son’s testimony for his father and the testimony of a brother for his brother. He (the Imam) said, ’It is permissible.’”
2. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad from al-Halabiy who has narrated the following: “I once asked abu ’Abd Allah, ‘Alayhi al-Salam, about the testimony of a father for his son, the testimony of a son for his father and the testimony of a brother for his brother. He (the Imam) said, ‘It is permissible.’”
3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from abu al-Mighra’ from al-Halabiy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The testimony of a father for his son, the testimony of a son for his father and the testimony of a brother for his brother is permissible.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from Hisham ibn Salim from ‘Ammar ibn Marwan who has narrated the following: “I or a certain persons of our people asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who testifies for his father or a father testifies for his son or for his brother. He (the Imam) said, ‘It is not harmful if it is for a good cause. His testimony is permissible for his father as is the case with a father’s testimony for his son or a brother’s testimony for his brother.’”
1. Abu Ali al-Ash‘ariy has narrated from Ahmad ibn Muhammad ibn ‘Isa and Humayd ibn Ziyad from af-Hassan ibn Muhammad ibn Sama‘ah all from Ahmad ibn al-Hassan al-Mithamiy from Aban ibn ‘Uthman from ‘Abd al-Rahman ibn abu ‘Abd Allah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of three partners of whom two have testified against one. He (the Imam) said, ‘Their testimony is not admissible. ’”
2. Muhammad ibn Yahya has narrated from al-Husayn ibn Ali ibn Ribat from Muhammad ibn al-Salt who has narrated the following: “I once asked abu al-Hassan, al-Rida’, ‘Alayhi al-Salam, about the case of certain friends who were on a journey when their road was blocked, and they caught the thieves, then certain ones of them testified against the others. He (the Imam) said, ‘Their testimony is not admissible unless the thieves confess or others testify against them.’”
3. Muhammad ibn Yahya has said that Muhammad ibn al-Hassan once wrote to abu Muhammad, ‘Alayhi al-Salam, asking if testimony of executor of the will is acceptable for the deceased about a loan that a man owes to the deceased with one more just witness. He (the Imam), ‘Alayhi al-Salam, signed the answer that said: ‘If one more just man testifies with him then the plaintiff must take an oath.’ He also wrote asking if it is permissible for an executor of the will to testify for an heir of the deceased, small or an adult in a right for him on the deceased or on others and he is the one who takes possession for the heir who is a minor and not an adult. He (the Imam), signed the answer that said, ‘Yes, it is proper for an executor of the will to testify for a right and he must not hide a testimony.’ He wrote asking that if the testimony of an executor of the will along with the testimony of another just man is admissible against the deceased. He (the Imam), ‘Alayhi al-Salam, signed the answer that said, ‘Yes, it is acceptable with an oath.’”
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn Musa from Ahmad ibn al-Hassan from Ali from his father from Ali ibn ‘Uqbah from Musa ibn ’Ukayl al-Numayriy from al-‘Ala’ ibn Sayabah who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, would not allow the testimony of a wage worker.’”
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus ibn ‘Abd al-Rahman from ‘Abd Allah ibn Sinan who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the kind of witnesses whose testimony is rejected. He (the Imam) said, ‘Of such people are a pessimist and an accused.’ I then asked, ‘What about a sinful and a treacherous one?’ He (the Imam) said, ‘Such ones are included in “pessimist”.”’
2. It is narrated from the narrator of the previous Hadith from ‘Abd Allah ibn Muskan from Sulayman ibn Khalid who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the witnesses whose testimony is rejected. He (the Imam) said, ‘Of such people are a pessimist and an antagonist.’ I then asked, ‘What about a sinful and a treacherous one?’ He (the Imam) said, ‘Such ones are included in “pessimist”.”’
3. 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 witnesses whose testimonies are rejected. He (the Imam) said, ‘He (the Imam) said, ‘Of such people are a pessimist, an accused and an antagonist.’ I then asked, ‘What about a sinful and a treacherous one?’ He (the Imam) said, ‘Such ones are included in “pessimist”.”’
4. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Aban from abu Basir who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the testimony of one who is born out of wedlock if it is acceptable. He (the Imam) said, ‘No, it is not acceptable.’ I then said that al-Hakam ibn al-‘Utaybah considers it acceptable. He (the Imam) said, ‘O Lord, do not forgive his sin. Allah, most Majestic, most Glorious, has not said to al-Hakam ibn ‘Utaybah, ‘. . . it is a reminder for you and your people.’ ( 43 : 44 )”
5. A number of our people have narrated from ands from al-Husayn ibn Sa‘id from al-Qasim ibn Sulayman from Jarrah al-Mad’iniy who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘I do not accept the testimony of a sinful man except against his own-self.’”
6. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from abu Ayyub al-Khazzaz from Muhammad ibn Muslim who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The testimony of one born out of wedlock is not admissible.’”
7. 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 ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, would not accept the testimony of persons of offensive manners and those humiliated by law.”
8. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from ibn Faddal from Muhammad al-Ash‘ariy from ‘Ubayd ibn Zurarah from his father who has narrated the following: “I once heard abu Ja‘far, ‘Alayhi al-Salam, saying, ‘If four men among whom one is born out of wedlock testify before me against a man for fornication I will execute penalty on them all because his testimony is not acceptable and he cannot lead the people in Salat (prayer).’”
9. Muhammad ibn Yahya has narrated from Muhammad ibn Musa from Ahmad ibn al-Hassan ibn Ali from Ali ibn ‘Uqbah from Musa b ’Ukayl al-Numayriy from al-‘Ala’ ibn Sayabah who has narrated the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘Testimony of the following people is not acceptable. (Of such people is) one who plays dice, (backgammon), or the game played with fourteen pieces of tokens and a friend (player) of Shahayn (the two kings) which means chess who says, ‘No, by Allah and yes by Allah. His king by Allah is dead and his king is killed but it is not dead or killed.’”
10. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘The testimony of one who goes before al-Hujjaj (travelers for al-Hajj) as a precursor, is not acceptable because he kills his stumper, depletes his supplies, tires himself and treats his Salat (prayer) lightly.’ I then asked about the one who provides transportation for hire, camel man and boat operators. He (the Imam) said, ‘They are not bad and their testimony is acceptable if they are virtuous people.’”
11. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Performing Salat (prayer) behind one who asks payment for saying Adhan (call for Salat (prayer)) and Salat (prayer) and his testimony are not admissible.’”
12. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Hassan Shammun from ‘Abd Allah ibn ‘Abd al- Rahman al-Asamm from Misma‘ ibn ‘Abd al-Malik who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, would not allow the testimony of one who moves before al-Hujjaj (pilgrims to Makkah) as a precursor.”
13. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from ibn Faddal from Hammad ibn ‘Uthaman from Hariz from Muhammad ibn Muslim who has narrated the following: “Abu Ja‘far, ‘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, rejected the testimony of a beggar who extends his hand for help. It is because he does not believe in testimony in the sense that if one gives to him something he is happy and if he does not give anything he becomes angry.’”
14. Muhammad ibn Yahya has narrated from al-‘Amrakiy ibn Ali from Ali ibn Ja‘far from his brother who has narrated the following: “I once asked abu al-Hassan, ‘Alayhi al-Salam, about the case of a beggar man who extends his hand for begging, if his testimony is acceptable. He (the Imam) said, ‘My father would not accept his testimony if he extended his hand for begging.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il from Muhammad ibn al-Fudayl from abu al-Sabbah al-Kinaniy who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about an accuser who is convicted and subjected to penalty and about what his repentance is. He (the Imam) said, ‘He must call his soul a liar.’ I then asked, ‘If he calls his soul a liar and repents, is then his testimony acceptable ? 5 He (the Imam) said, ‘Yes, it then becomes acceptable. 5 ”
2. Ahmad ibn Muhammad has narrated from al-Husayn ibn Sa‘id from al-Nadr ibn Suwayd and Hammad from al-Qasim ibn Sulayman who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who accuses a man, then he is whipped as penalty then he repents and nothing but good is seen from him; if his testimony is acceptable. He (the Imam) said, ‘Yes, it is acceptable. What do people in your area say about it ? 5 I replied, ‘They say that his repentance is between him and Allah but his testimony is never acceptable . 5 He (the Imam) said, ‘What they say is bad. My father would say that if he repents and nothing but good is seen from him his testimony is acceptable . 555
3. 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 ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, accepted the testimony of a man whose hand and foot was cut off, he had repented and his repentance had become known . 555
4. Through the same chain of narrators as that of the previous Hadith, the following is narrated: “He (the Imam), ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam, has said, ‘If one is subjected to penalty and he thereafter repents, his testimony becomes admissible . 555
5. Ali ibn Ibrahim has narrated from his father from Tsma‘il ibn Marrar from Yunus from certain persons of his people who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who accuses married woman: if his testimony after his being subjected to penalty and his repenting is admissible. He (the Imam) said, ‘Yes, it is admissible . 5 I then asked, ‘What is his repentance ? 5 He (the Imam) said, ‘He comes before the Imam and calls his soul a liar and says that he had fabricated against so and so and retracts what he had said , 555
6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Mahbub from ibn Sinan who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who is subjected to penalty; then he repents: if his testimony becomes acceptable. He (the Imam) said, ‘If he repents which is retracting what he has said and calls himself a liar before the Imam of the Muslims. When he does this then it is necessary for the Imam to accept his testimony thereafter .
1. A number of our people have narrated from Sahl ibn Ziyad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from ibn Ri’ab from abu ‘ Ubaydah who has narrated the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said that testimony of Muslims is admissible against the people of all other nations. The testimony of taxpayers is not admissible against Muslims.”’
2. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Zur’ah from Sama‘ah who has narrated the following: “I once asked abu ’Abd Allah, ‘Alayhi al-Salam, about the testimony of members of other nations. He (the Imam) said, ‘It is admissible only against the people of their nation, however, if no one can be found to bear witness about the will (of a Muslim), then their testimony is acceptable because invalidating one’s right is not proper.’”
Muwaththaq· al-Majlisi
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