Ceci est la partie 3 sur 3 de « The Book of Legal Penalties (al-Hudud) », livre 30 de Al-Kafi — Hadith 13 399–13 421. 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.
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, has said, ‘If Jews and Christians bear testimony then become Muslims, their testimony is admissible.’”
4. Ali has narrated from Muhammad ibn ‘Isa from Yunus from Muhammad ibn Muslim who has narrated the following: “I once asked one of the two Imam, (abu Ja’far or abu ‘Abd Allah), ‘Alayhim al-Salam, about a child, a slave and a Christian who bear testimony; then the Christian becomes a Muslim, if his testimony becomes admissible. He (the Imam) said, ‘Yes, it becomes admissible.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu Najran from Muhammad ibn Humran who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about a Christian man who bears a testimony, then becomes a Muslim if his testimony is acceptable. He (the Imam) said, ‘Yes, he is in the right position to testify.’”
6. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hisham ibn al-Hakam who has narrated the following: “About the meaning of the words of Allah, most Majestic, most Glorious, ’. . .or two from people other than your people,’ (5:106) abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘This applies when a man is away from his land where Muslims are not found, then appointing non-Muslims as witness to a will is permissible.’”
7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from ibn Mahbub from abu Ayyub ‘Abd al-’Aziz al-‘ from Durays al-Kunasiy who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the testimony of people of other nations if they can be appointed as witness. He (the Imam) said, ‘No, unless no one else can be found, in which case their bearing testimony about a will is permissible, because it is not proper to invalidate the right of a Muslim man and void his will.’”
8. Ibn Mahbub has narrated from Jamil ibn Salih from Hamzah ibn Humran 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, ‘. . . two just man from among you or two men from other people. 5 (5:106) He (the Imam) said, ‘The ‘two from you’ means two Muslims, the ‘two from other people 5 means from the followers of the book. 5 He (the Imam) then said, ‘This can happen when a Muslim dies far away from his land where he cannot find two Muslim men, thus he can appoint two taxpayers of the followers of the book who are acceptable among their own people to bear witness to his will."
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from b Sinan who has narrated the following: “This is about the case of a man who bears testimony to the testimony of another witness but then the man says that he had not appointed him as witness. Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘The testimony of the one who is more just is admissible but if such man of justice is one man then his testimony is not acceptable because of fairness for both.’”
2. 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: “About the case of a man who bears testimony to the testimony of a witness but then the man says that he had not appointed him as witness, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The testimony of the one who is more just is admissible.”’
1. A number of our people have narrated from Sahl ibn Ziyad from Ahmad ibn Muhammad from ibn abu Nasr from Tha‘labah ibn Maymun from Muhammad ibn Qays who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the testimony of a blind man. He (the Imam) said, ‘Yes, it is admissible if he has preserved it.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from al-Hajjal from Tha‘labah ibn Maymun from Muhammad ibn Qays who has narrated the following: “I once asked abu Ja‘far, ‘Alayhi al-Salam, about the testimony of a blind man if it is admissible. He (the Imam) said, ‘Yes, it is admissible if he has preserved it.’”
3. A number of our people have narrated from Sahl ibn Ziyad from ’Isma‘il ibn Mehran from Durust from Jamil who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the testimony of a speechless man in the case of murder. He (the Imam) said, ‘His first words are admissible and his second words are not admissible.”’
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isa from his brother Ja‘far ibn ‘Isa ibn Yaqtin who has narrated the following: “Abu al-Hassan, al-Awwal, ‘Alayhi al-Salam, has pronounced this fatwa. ’Bearing testimony to the confession of a woman, whose face is not open, if one knows her in person or the one who is present knows her, is not harmful. However, if she is not known in person and no one present knows her, then bearing testimony against her or against her confession is not permissible without her face being uncovered so that he can look at her face/”
1. Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Mu’awiyah ibn Wahab who has narrated the following: “The paved area where Salat (prayer) for the dead had been performed in the time of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, was called al-Batha’ where people sold milk, ghee and cheese. A desert dwelling Arab once came with his horse and tied it there. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, bought it from him. He (the Messenger of Allah) went inside to bring the price. Certain hypocrites asked the man, Tor how much did you sell your horse?’ He replied, T have sold it for such and such amount.’ They said, ‘This is a bad deal. Your horse is better than this.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, then came out with the complete and nice price. The Arab man said, ‘By Allah I did not sell it.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, ‘Allah is free of all defects, yes, by Allah, you sold it to me.’ Voices rose and certain people said, ‘The Messenger of Allah is bargaining with a desert Arab man.’ Many people gathered around. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘With the Holy Prophet, there his companions were also present when Khudhaymah ibn Thabit Ansari came and moved people with his hand until he reached the Holy Prophet, and said, ‘O Messenger of Allah, I testify that you bought from him.’ The Arab man said, ‘How can you testify, when you were not here present with us?’ The Messenger of Allah asked, ‘Did you see us concluding the sale?’ Khudhaymah said, ‘No, I was not here, but I know that you have bought it. I have believed in what you have brought from Allah and acknowledged your truthfulness; how can I not believe you against this filthy Arab? How that can happen?’ He (the Imam) said that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, liked his standpoint and said, ‘O Khudhaymah, your testimony equals to two testimonies.’”
2. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Musa ibn Ja‘far af-Baghdadiy from Ja‘far ibn Yahya fn ‘Abd Allah ibn ‘Abd al-Rahman fn af-Husayn ibn Zayd who has narrated the following: “Abu ‘Abd Allah, has narrated from his father, ‘Alayhim al-Salam, who has said that once Qudamah ibn Maz‘un was brought before ‘Umar ibn al-Khattab because of drinking wine and two men testified against him. One, called ‘Amr al- Tamimiy, was castrated and the other one was Mu‘alla’ ibn al- Jarud. One of them testified that he saw him drinking wine and the other said that he saw him throwing out wine. ‘Umar then sent for several people of the companions of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, among whom one was ’Amir al-Mu’minin, Ali, ‘Alayhi al-Salam. ‘Umar then asked, ‘What do you say, O abu al-Hassan? You are the one about whom the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “He is the most knowledgeable one in the nation and the one who judges with the truth all the time.” These have presented different testimonies.’ He (the Imam) said there is no difference in their testimonies, he could not have thrown out wine without drinking it.’ ‘Umar then asked about the testimony of a castrated man. He (the Imam) said, ‘His losing his beard is just like the loss of a certain part of his body.’”
3. A number of our people have narrated from Ahmad ibn Muhammad from Muhammad ibn ’Isma‘il from Mansur from Yunus from Musa ibn Bakr from al-Hakam ibn abu ‘Aqil who has narrated the following: “I once said to abu ‘ Abd Allah, ‘Alayhi al-Salam, that my opponent brings a great deal of false testimony against me and I dislike to fight back. I do not know if it is the right thing that I do. He (the Imam) said to me, ’Have you not noticed that ’ Amir al-Mu’minin, Ali, Alayhi al-Salam, would say, “Do not leave yourselves and assets hostage to the false testimonies.” If it is not an offense in religion and a sin against his Lord, then there is nothing wrong for a man to defend himself. It is like preventing unlawful sexual relations and unlawful bloodshed by one’s testimony which is good, so also is the case with defending one’s assets.’”
4. Muhammad ibn Yahya has narrated from Muhammad ibn al-Hassan who has narrated the following: “I once wrote to abu Muhammad, Alayhi al-Salam, and asked about the case of a man who sells a piece of land to another man. He does not know its limits, and so he does not appoint any witness to the deal, saying that when the limits are defined then witnesses are appointed; if it is permissible to bear witness or not. He (the Imam), Alayhi al-Salam, signed the answer that said, ‘Yes, it is permissible, all praise belongs to Allah.’ A man wanted to leave for Makkah. He had certain pieces of land in a town, which was a certain distance away from his home. He did not define the limits of the land. He only knew the limits of the town, all of its four sides. He said to the witnesses to bear witness that he has sold the whole town of such and such limits of all four sides one, two, three and four, to so and so. In fact, he only owned a piece of land in the town; if buying as such is permissible, when he has confirmed for him the selling of the whole town. He (the Imam) signed the answer that said, ‘It is not permissible to sell what does not belong to him, however, the purchase of what he owns has become binding in favor of the buyer.’ A man wrote to him (the Imam) asking if it is permissible for the witnesses whom he had appointed to bear testimony for the selling of the whole town to testify about the limits of the land that he owns in the town. He may have come to know such limits of such land through the people of the town if they are just people. He (the Imam) signed the answer that said, ‘Yes, it is permissible about something which is known and understood.’ A man wrote saying that a man says to another man to bear witness that the whole of the house that he owns in such and such place with its limits, all of it is for so and so with all that is in the house of assets; if the buyer can have all that is in the house. He (the Imam), Alayhi al-Salam, signed the answer that said, ‘It is permissible for all that the buying has covered, by the will of Allah.’”
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from Ayyub from Hariz who has narrated the following: “This is about the case of four men who testified against an al-Muhsin (married man) due to fornication of whom two retracted their testimony and not the other two. Abu ‘Abd Allah, Alayhi al- Salam, has said, ‘If the four are Muslims who are not known as falsely testifying people, the testimony of all four is admissible, and penalty must be applied on the one against whom they have testified, however, they must testify only to what they have seen and have the knowledge thereof. The person in authority must accept their testimony unless they are known to be sinful people.’”
6. Ali ibn Ibrahim has narrated from his father from al-Husayn ibn Sayf from Muhammad ibn Sulayman who has narrated the following: “I once asked abu Ja‘far, al-Thaniy, Alayhi al-Salam, ‘How is it that when a man accuses his wife of committing fornication his testimony is four testimonies by Allah? Why is it not permissible for those other than him, if someone other than husband accuses her, he is subjected to penalty even if he is a son or brother?’ He (the Imam) said, ‘Abu Ja‘far, ‘Alayhi al-Salam, was asked about it and he (the Imam) replied that suppose if a man accuses his wife he can be asked about how he has learned that his wife has behaved as such, his eyes have seen her doing it then his testimony is four testimonies by Allah. It is because of the possibility for a man to go in privacy where others cannot do so. A son or father cannot see as such in the night or day. For this reason, his testimony has become four testimonies by Allah if he says, “I have seen it with my eyes.” If he says, “I have not seen with my eyes” he is an accuser like other people and he is subjected to penalty unless he establishes testimony. If people other than the husband thinks, accuses and claims seeing it with his eyes he is then asked, “How did you see and who made it possible for you to be in such place where you alone saw it? You stand accused about your claim even if you speak truth, you are in the position of one being accused; and it is necessary to discipline you by penalty which Allah has made obligatory upon you.”’ He (the Imam) said, ‘The testimony of a husband has become four testimonies by Allah, in place of every witness one oath.’” A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from Muhammad ibn Aslam from certain ones of the people of Qum from abu al-Hassan al-Rida’, ‘Alayhi al-Salam, a similar Hadith.
7. Ali ibn Ibrahim has narrated from his father from Ahmad ibn Muhammad from ibn abu Nasr from ’Isma‘il ibn abu Hanifah from abu Hanifah who has narrated the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, ‘Why in a murder case only two witnesses are required, and in the case of fornication four witnesses are required when murder is more serious than fornication?’ He (the Imam) said, ‘It is because murder is one act and fornication is two acts, for this reason less than four witnesses is not admissible; two against man and two against the woman.’” Certain one of our people have narrated from him (abu Hanifah) that then he (the Imam) asked, ‘What is with you, O abu Hanifah?’ I replied, ‘We have nothing about it except the Hadith of ‘Umar that says, ‘Allah has taken two words in the testimony against the people.’ He (the Imam) then said, ‘It is not as such, O abu Hanifah, in fornication there are two penalties. It is not permissible for less than two to testify against one, two against the man and two against the woman; penalty is obligatory on both man and woman, when in murder it is applied to the killer only and the one murdered is defended.’”
8. AI-Husayn from Muhammad has narrated from af-Sayyariy from Muhammad ibn Jumhur from those who narrated to him from ibn abu Ya’fur who has narrated the following: “I had to testify in a case before abu Yusuf, the judge, who said, ‘O ibn abu Ya’fur I still say about you, when you are my neighbor, that I know you only as a truthful person of long nights (for worshipping Allah) except “that thing”.’ He then asked, ‘What is “that thing”?’ He (the judge) said, ‘It is your tendency to the al-Rafidah (rejectionists).’ Ibn abu Ya’fur then wept until his tears flowed down and said, ‘O abu Yusuf, you are ascribing me to a community of people. I am afraid of not being of them.’ The judge then admitted his testimony.”
9. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Hassan Shammun from ‘Abd Allah ibn ‘Abd al- Rahman 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, in the case of an atheist would issue a judgment. If two just and acceptable people testified against him and one thousand in his favor, he (the Imam) would accept the testimony of two people. He (the Imam) would reject the testimony of one thousand because it is a hidden religion.” (It is considered applicable when the testimonies are presented in different times.)
10. 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, issued a judgment. It was in the case of a virgin woman who was accused of fornication. He (the Imam) commanded certain women to examine her. They reported about her to be a virgin. He (the Imam) issued a judgment that said, ‘I am not to penalize one on whom Allah, most Majestic, most Glorious, has placed a seal. 5 He (the Imam) accepted the testimony of women in such cases.”
11. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from Ibrahim ibn abu al-Balad from Sa‘d al-Iskaf who has said that I know the following to be from abu Ja‘far, ‘Alayhi al-Salam, only: “Abu Ja’far, Alayhi al-Salam, has said that among the Israelites there was a worshipper. Dawud Alayhi al-Salam, liked him for his worship. Allah, most Majestic, most Glorious, sent revelation to him and informed him that the worshipper is only a showoff person. The man died and Dawud Alayhi al-Salam, was informed about his death. He told them to bury him. The Israelites disliked it and said, ‘Why did you not attend his funeral?’ He (the Imam) said, ‘When Ghusl (bath) was complete fifty people testified by Allah that they did not know of him except good.’ He (the Imam) said, ‘When they performed Salat (prayer) for him then fifty people stood up and testified that they did not know anything about him except good.’ Allah, most Majestic, most Glorious, then sent revelation to Dawud, Alayhi al-Salam. It said, ‘What has stopped you from attending the funeral of so and so?’ He replied, ‘It is because of the information You gave me about him.’ He (the Imam) said, ‘Allah, most Majestic, most Glorious, sent him revelation saying that it was true but a people of learned men and monks testified that they did not know about him anything except good, so I admitted their testimony about him and forgave (overlooked, covered) My knowledge about him.’”
Disputed· al-Majlisi
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