Ceci est la partie 20 sur 22 de « The Book of Livelihood and Commerce (al-Ma'isha) », livre 18 de Al-Kafi — Hadith 9 256–9 305. Le livre est suffisamment long pour être divisé en 22 pages afin que chacune se charge rapidement ; les parties se suivent dans l'ordre et sont liées au bas de la page.
4. Ali ibn Ibrahim has narrated from his father from Harun ibn Muslim from Mas’adah ibn Sadaqah who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Whoever believes in Allah and on Day of Judgment must not make a person work for him on hire until he knows how much his wages are, and if one hires a person and keeps him from Friday, he is held responsible for his sin; and if he allows him to attend Friday they will share the reward.’”
1. Al-Husayn ibn Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Hassan ibn Ali from Aban ibn ‘Uthman from al- Hassan al-Sayqal who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of a man who hires a stumper to a certain place but he goes beyond such place. He (the Imam) said, ’He must pay for the extra distance; and if the donkey is destroyed, he is held responsible.’”
2. A number of our people have narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim from abu Hamzah who has said the following: “This is concerning my question before abu Ja’far, ‘Alayhi al-Salam, about the case of a man who rents a stumper and says, ‘I rent it from you to so and so place; if I went beyond such place you will be paid so and so much extra which he mentions.’ He (the Imam) said, ’All of it is permissible.’”
3. Ahmad ibn Muhammad has narrated from a man from abu al-Mighra’ from al-Halabiy who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who rents a stumper to a certain place but it dies. He (the Imam) said, ‘If he has violated the stipulation he is responsible, if he enters a valley where he is not confident for its safety, he then is responsible, if it falls in a well where for its safety he is not confident, he is responsible.’”
4. Muhammad ibn Yahya has narrated from al-Husayn from Muhammad from Safwan from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “I once heard abu Ja’far, ‘Alayhi al-Salam, saying, ‘I was sitting near the judge in al-Madinah when two men came to him. One of them said, ‘I hired this person to appear in the market on such and such day but he did not appear.’ The judge said, ’He does not deserve payment.’ He (the Imam) has said, ’I then called him and said, “O servant of Allah, you cannot take away his right.” To the other man I said, “You cannot take all that he owes. You must reach a settlement and be lenient toward each other.’””
5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn ‘Isma’il from Mansur ibn Yunus from Muhammad al-Halabiy who has said the following: “I once was sitting with the judge and abu Ja’far, ‘Alayhi al-Salam, was also there, when two men came to him and one of them said, ‘I rented a camel from this man to carry my goods to the mine and I stipulated with him to come to me to the mine on so and so day because that was the market day and I was afraid of missing it. If you will be held up I will reduce the rent for each day that you are held up so and so much amount. He kept me on hold for so and so many days.’ The judge said, ’This is an invalid stipulation. You must pay his rent.’ When the man stood up he came to abu Ja’far, ‘Alayhi al- Salam, who said, ’His stipulation is permissible as long as he does not drop all of the rent.’”
6. A number of our people have narrated from Ahmad ibn Muhammad from ibn Mahbub from abu Wallad al-Hannat who has said the following: “I once rented a mule to Qasr ibn Hubayrah for both ways for so and so much amount. I left in search of my debtor and when I reached near the bridge of al-Kufah, I was informed that my debtor had gone to al-Nil. I then moved to al-Nil. When I went to al-Nil I was informed that my debtor had gone to Baghdad. I then followed him, found him and finalized whatever was between him and me and we returned to al-Kufah. Going and coming took me fifteen days. I informed the owner of the mule of my reasons for the delay. I wanted to make it a lawful deal and make him agree so I paid him fifteen dirham but he refused to accept it. We then agreed to go to abu Hanifah for judgment. I told my side of the story to him and the man also told his side of the story. He asked me, ‘What did you do to the mule?’ I replied, ‘I have returned it to him safely.’ He (owner) said, ‘Yes, after fifteen days.’ He asked, ‘What do you want from the man?’ He replied, ‘I want the rent for the mule which he kept for fifteen days.’ He said, ‘I do not see any such right in your favor because he rented it to Qasr ibn Hubayrah, and he then violated the agreement and rode it to al-Nil and to Baghdad, so he became responsible for the price of the mule and the rent became void. He then returned the mule safely to you and you have it in your possession so he is not responsible for rent.’ We came out of his office and the owner of mule kept saying, ‘To Allah we belong and to Him we all return.’ I felt sympathy for him because of the fatwa of abu Hanifah against him and I gave him something and asked him not to hold me responsible. I went for al-Hajj in that year and informed abu ‘Abd Allah, ‘Alayhi al-Salam, about the fatwa of abu Hanifah. He (the Imam) said, ‘It is because of this kind of judgments that the sky stops sending water and the earth denies its blessings.’ I then asked abu ‘Abd Allah, ‘Alayhi al- Salam, ‘What do you say about it?’ I say that you must pay him a similar rent that is charged for a mule from al-Kufah to al-Nil, a similar rent for a mule that is charged from al-Nil to Baghdad, a similar rent that is charged for a mule from Baghdad to al-Kufah. You must pay him.’ I then said, ‘I pray to Allah to keep my soul in service for your cause, I fed the mule with a cost of many dirhams so he must pay for the feed.’ He (the Imam) said, ‘No, because you usurped it.’ I then said, ‘What could happen if the mule died and was damaged, would he not hold me responsible?’ He (the Imam) said, ‘Yes, he could do so for the value of the mule on the day you went against the stipulation.’ I then asked, ‘What could happen if the mule became damaged, sustained injuries or so?’ He (the Imam) said, ‘You would owe the price between healthy and damaged mule on the day you returned to him.’ I then asked, ‘Who could determine it?’ He (the Imam) said, ‘You and he (owner of mule) could do so. Either he had to take an oath to confirm the value for which you were responsible. If he turned the oath to you, you then had to take an oath about the value and it became binding on him or the owner of the mule had to present testimony and witness to prove how much the value of the mule was when it was rented and it became binding upon you.’ I then said, ‘I gave him a certain amount of dirham, he agreed and made it lawful in my favor.’ He (the Imam) said, ‘He agreed and made it lawful for you because of the fatwa of abu Hanifah, unjustly. However, you must go to him and inform him of my fatwa on this matter to see if he still agrees after knowing it, thereafter there will be nothing on you.’ Abu Wallad al-Hannat has said, ‘As soon as I returned I met al-Mukariy and informed him of the fatwa of abu ‘Abd Allah, ‘Alayhi al-Salam, and I said to him, “Now say what you want to say so I pay you.” He said, “I feel love for Ja’far ibn Muhammad in my heart and my heart says he has preference over the others. You do not owe me anything even though I love to return what I have taken from you, I still can do so.’””
7. Muhammad ibn Yahya has narrated from al-‘Amrakiy ibn Ali from Ali ibn Ja’far from his who has said the following: “This is concerning my question before abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who rents a stumper but he gives it to another one and it dies. He (the Imam) said, ‘If he had stipulated that no one else except him ride it, then he is responsible; if such thing is not mentioned then he is not responsible.’”
1. A number of our people have narrated from Ahmad ibn Muhammad from al-Hassan ibn Ali ibn Yaqtin from his brother al-Husayn from Ali ibn Yaqtin who has said the following: “This is concerning my question before abu al-Hassan, ‘Alayhi al-Salam, about the case of a man who rents a ship for a year or less or more. He (the Imam) said, ‘The lease is binding up to the end of its term. Receiving payment of rent is up to the owner who may accept it or leave it.’”
2. Ahmad ibn Muhammad has narrated from Muhammad ibn Sahl from his father who has said the following: “Regarding my question before abu al-Hassan, Musa, ‘Alayhi al-Salam, about the case of a man who rents a ship or house from another man for a year or more or less. He (the Imam) said, ‘Payment of rent up to the end of the term is incumbent, but accepting payment of rent or leaving it is up to the owner who may like to receive or leave it.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Muhammad ibn Yahya from Talhah ibn Zayd who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘A neighbor (in matters of immunity) is like a soul which is not harmed or has not committed sins.’”
2. A number of our people have narrated from Ahmad ibn Muhammad from ibn Khalid from his father from ‘Abd Allah ibn Bukayr from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Samrah ibn Jundab had a fruit bearing palm tree in the garden of another man from al-Ansar whose house was at the door of the garden and he (Samrah) would pass by when going to his palm tree without permission. The man from al-Ansar spoke to him and asked him to ask for permission whenever he comes. Samrah refused to do so. When he refused the man from al-Ansar went to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, complained before him and informed him of the condition. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, sent someone to call Samrah, informed him of the complaints of the man from al-Ansar and asked him to ask permission whenever going to his palm tree but he refused. When he refused, he (the Messenger of Allah) bargained with him and offered him a huge price but he still refused. He (the Messenger of Allah) then said, “In exchange for this you can have a fruit bearing palm trees in paradise”, but he refused to accept. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, then asked the man from al-Ansar to go, uproot that palm tree and throw it to him; harming and leading to harm is not lawful.’”
3. Ali ibn Ibrahim has narrated from his father from Muhammad ibn Hafs from a man who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a people whose water fountains in a land are near each other, one of them decides to make his fountain below its original place in which case is harmful to the other fountains but certain ones do not harm due to solidity of earth. He (the Imam) said, ‘Whatever is in solid land it does not harm but whatever is in soft land and sandy, it harms. One can ask his neighbor to keep his fountain at the same level as his and if they agreed it does not harm.’ He (the Imam) said, ‘The distance between two fountains must be kept at one thousand Dhira‘ (hands or arms length).”’
4. Muhammad ibn Yahya has narrated from af-Husayn ibn Muhammad from Yazid ibn Ishaq, Sha‘Ir from Harun ibn Hamzah af- Ghanaviy who has said the following: “About the case of a man who found a sick camel for sale and bought it for ten dirham, then another man came and asked to share for the head and skin for two dirham, but then it was found that the camel was fine and not sick and its price reached many dinars. He then asked the owner of two dirham to take one-fifth of the price, but he refused and said that he wanted the head and skin. Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘He does not have such right; it is harming. His right was made available when one-fifth was offered to him.’”
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn who has said the following: “I once wrote to abu Muhammad, ‘Alayhi al-Salam, and asked, ‘A man had a canal in a village and another man wanted to dig another canal in a village that belonged to him. How much distance is required between the two so that they do not harm each other when the land is solid or soft? He (the Imam) signed the answer that said, ‘It is according to a measure that does not cause one to harm the other, by the will of Allah.’ I wrote to him (the Imam), ‘Alayhi al-Salam, about a man who had a flour mill on the canal of a village that belonged to a man and the owner of the village wanted to divert the water to his village in another canal and put the flour mill out of work; if he can do so. He (the Imam), ‘Alayhi al-Salam, signed the answer that said, ‘He must be pious before Allah and act according to what is acceptable among people and must not cause harm to his believing brother.’”
6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid al-Husayn from Muhammad who has said the following: “About the case of a man who dug a canal in a hill and it dried up another canal, abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘They can divide and find out which one is harming the other by closing the flow of water of each canal and leave the other open and alternate by one night between the two (to measure the difference of increase and decrease of the level of water in each one).”’
7. Muhammad ibn Yahya has narrated from Muhammad ibn Al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has narrated the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that if a man digs a well (a canal) in a hill which reduces the water of an existing well or canal, they must be examined closely. Such tests must be conducted every night to find out which one reduces the water of the other. If it is found out that the second one reduces the water of the existing, one then it must be closed.’”
8. Ali ibn Muhammad ibn Bandar has narrated from Ahmad ibn abu ‘Abd Allah from his father from certain persons of his people from ‘Abd Allah ibn Muskan from Zurarah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘Samrah ibn Jundab had a fruit bearing palm tree and his path way was through the inside section of the house of a man from al-Ansar. He would come and enter to go to his palm tree without permission. The man from al-Ansar said to him, ‘O Samrah, you continue to take us off guard in a condition that we do not like you to take us off guard. Please, when you come ask for permission. He said, ‘I do not need permission for the path that is the path to my palm tree.’ He (the Imam) said that the man from al-Ansar went to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, complained before him and informed him of the condition. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, sent someone to call Samrah, informed him that so and so complains and thinks that you pass by him and his family without permission so you must ask for permission when you want to go to your palm tree.’ He said, ‘O Messenger of Allah, why must I ask permission for the pathway of my palm tree?’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, ‘Leave that palm tree in exchange for a palm tree in such and such place.’ He said, ‘No, I do not want to exchange.’ He (the Messenger of Allah) said, ‘Exchange for two.’ He said, ‘No.’ He (the Messenger of Allah) went on up to offering ten palm trees and he refused to accept. He (the Messenger of Allah) said, ‘Exchange it for ten palm trees in so and so place.’ He refused. He (the Messenger of Allah) said, ‘Exchange it for a palm tree in paradise.’ He refused and said, ‘I do not want it.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, then said, ‘You are a harmful man. Harming and causing to lead to harm is not lawful against a believing man.’ 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, commanded to uproot that palm tree and threw it to him. The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said to him, ‘Go plant it wherever you want.’”
1. Ali ibn Ibrahim has narrated from his father from af-Nawfafiy from af-Sakuniy who has said 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, issued a judgment, in the case of a man who sold a garden with the exception of one tree, that gave it a path to go to and come out and for its twigs.’”
2. A number of our people have narrated from Sahl ibn Ziyad from Muhammad ibn al-Hassan ibn Shammun from ‘Abd Allah ibn ‘Abd al-Rahman al-Asamm from Misma’ ibn ‘Abd al-Malik who has said 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, assigned the distance between two wells for drinking water to be forty Dhira‘ (arms length) and between two irrigating wells sixty Dhira‘ and between two water fountains five hundred Dhira‘ and the width of a road when people disputed was seven Dhira‘.’”
3. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from abu al-Mighra’ from Mansur ibn Hazim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the yard between two houses and he (the Imam) expressed certainty about the judgment of Ali, ‘Alayhi al-Salam, in such case in favor of the house toward which the fence is facing.’”
4. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “The Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, issued a judgment about the size of the area around one or two palm trees that a man may have in a garden which is disputed for each tree to be an area covered by its longest branch or twig.’”
5. A number of our people have narrated from Ahmad ibn Muhammad from al-Barqiy from Muhammad ibn Yahya from Hammad ibn ‘Uthman who has said the following: “I once heard abu ‘Abd Allah, ‘Alayhi al-Salam, saying, ‘The distance between two old wells must be forty Dhira‘ around it and between two wells for drinking water fifty Dhira‘ unless it is near the road, in which case it is less than twenty five Dhira‘.”’
6. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The necessary distance between two wells if the land is solid must be five hundred Dhira‘ and if the land is soft then it must be one thousand Dhira‘.’”
7. Ali ibn Ibrahim has narrated from his father in a marfu’ manner the following: “He (the Imam), ‘Alayhi al-Salam, has said, the restricted area around a canal is up to its edge and that which adjoins it.”
8. Ali ibn Ibrahim has narrated from his father from af-Nawfafiy from af-Sakuniy who has said 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, assigned the distance between two wells for drinking water to be forty Dhira‘ (arms length) and between two irrigating wells sixty Dhira‘ and between two water fountains five hundred Dhira‘ and the width of a road when people disputed was seven Dhira‘.’”
9. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Mansur ibn Hazim who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a fence between two houses, he (the Imam), ‘Alayhi al-Salam, expressed certainty about the judgment of Ali, ‘Alayhi al-Salam, which was in favor of the house toward which the fence was facing.’"
1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Abd Allah ibn Hilal from ‘Uqbah ibn Khalid who said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who comes to the land of another man and cultivates it without the permission of the owner until it is time of harvests; and the owner comes and says, ‘You have cultivated my land without my permission so your plantation belongs to me and I owe what you have spent’; if he is right. He (the Imam) said, ‘Plantation belongs to the farmer and the owner of the land deserves to receive the rent for his land.’”
2. Ali ibn Ibrahim has narrated from his father from ibn Faddal from Ali ibn ‘Uqbah from Musa ibn ‘Ukayl al-Numayriy from Muhammad ibn Muslim who has said the following: “About the case of a man who rents a house in which there is a garden, in the garden he plants palm trees and other fruit bearing trees and fruits and so on without permission from the owner of the garden. He (the Imam) said, ‘He must pay the rent and the owner of the garden evaluates the plantation in a fair manner and pays to the man who had planted them. Had he asked permission he had to pay the rent and the plantation belonged to him, which he had to cut off and take whenever he wanted.’”
3. Muhammad ibn Yahya has narrated from Muhammad ibn Yahya from Yazid ibn Ishaq from Harun ibn Hamzah who has said the following: “This is concerning my question before abu ‘Abd Allah, ‘Alayhi al-Salam, about the case of a man who purchases the palm tree to cut for its branches, but he disappears and leaves the palm tree in its original condition without doing anything about it, he comes only when the tree has already pollinated. He (the Imam) said, ‘The pollinated palm tree is his and he can do whatever he wants unless the owner of the garden has been watering it and looking after it.’”
1. A number of our people have narrated from Sahl ibn Ziyad from Al-Rayyan ibn al-Salt or a man from Rayyan from Yunus from the virtuous servant (of Allah) who has said the following: “He (the Imam), ‘Alayhi al-Salam, has said, ‘The earth belongs to Allah who has made it an endowment for His servants. Whoever keeps a land out of use for three consecutive years without good reason, loses its ownership and it will be given to others, and one who does not demand his right for ten years, then his right ceases to exist.’”
2. Ali ibn Ibrahim has narrated from his father from ‘Isma’il ibn Marrar from Yunus from a man who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘If you take a land from someone who does not demand it back for three years he loses the right to demand it thereafter.’”
1. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from Ali ibn al-Hakam from ‘Umar ibn abu ‘Asem who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘The prayers of four kinds of people are not heard and accepted, one is a man who has an asset which he gives to someone without the presence of any witness and Allah, most Majestic, most Glorious, says, ‘Did I not command you to secure the witness?”’
2. Ahmad ibn Muhammad al-‘Asemiy has narrated from Ali ibn al-Hassan al-Tamimiy from ibn Baqqah from abu ‘Abd Allah al- Mu’min from ‘Ammar ibn abu ‘Asem who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘The prayers of four kinds of people are not heard and accepted and he (the Imam) said that the fourth one is he who has an asset which he lends it to someone without the presence of witness and testimony; and Allah, most Majestic, most Glorious, then says, “Did I not command you to secure witness and testimony.’””
3. A number of our people have narrated from Ahmad ibn abu ‘Abd Allah from Muhammad ibn Ali from Musa ibn Sa‘dan from ‘Abd Allah ibn al-Qasim from ‘Abd Allah ibn Sinan who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One who loses his right just because of not having witnesses, does not receive any reward.’” Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Musa ibn Sa‘dan from ‘Abd Allah ibn Sinan abu ‘Abd Allah, ‘Alayhi al-Salam, a similar Hadith.
1. A number of our people have narrated from Sahl ibn Ziyad from Harun ibn Muslim from Mas’adah ibn Sadaqah who has said the following: “Abu ‘ Abd Allah, ‘Alayhi al-Salam, has said, ‘You cannot accuse one whom you trust and you must not trust a treacherous person when you have already tried him.’’’
2. Sahl ibn Ziyad has narrated from Muhammad ibn al-Hassan ibn Shammun from Muhammad ibn Harun al-Jallab who has said the following: “I once heard abu al-Hassan, ‘Alayhi al-Salam, saying, ‘When injustice is more than the truth, it is not lawful for anyone to think good of anyone until he finds it out to be the case/”
3. Ali ibn Muhammad has narrated from Ahmad ibn abu ‘Abd Allah from Muhammad ibn ‘Isa from Khalaf ibn Hammad Zakariya ibn Ibrahim in a marfu’ manner who has said the following: “Abu Ja‘far, once said to abu ‘Abd Allah, ‘Alayhi al-Salam, ‘One who trusts an untrustworthy one, he does not have good reason and ground before Allah.”’
4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Mu’ammar ibn Khallad who has said the following: “I once heard abu al-Hassan, ‘Alayhi al-Salam, saying, ‘Abu Ja‘far, ‘Alayhi al-Salam, would say, “A trustworthy person has not betrayed you but you have trusted a treacherous one.’”
5. Abu Ali al-Ash’ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from al-Hassan ibn Ali al-Kufiy from ‘Ubays ibn Hisham from abu Jamilah from abu Hamzah who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘If one learns that a servant of the servants of Allah has lied in what he had said, disregarded his promise and betrayed his trust with what he was entrusted, then considers such person trustworthy, it becomes a right before Allah, most High to afflict him with it without any recompense or give him any reward for his suffering.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from Hammad ibn ‘Isa from Hariz who has said the following: “‘Isma’il, son of abu ‘Abd Allah, ‘Alayhi al-Salam, had a certain amount of dinar and a man from Quraysh wanted to travel to Yemen, so ‘Isma’il asked his father, ’Father, so and so wants to go to Yemen and I have so and so amount of dinar. Do you think I should give it to him to bring for me goods from Yemen?’ Abu ’Abd Allah, ‘Alayhi al-Salam, said, ‘Are you not aware that he drinks wine?’ ‘Isma’il replied, ‘Yes, this is what people say about him.’ He (the Imam) then said, ‘Son, do not give him your dinars.’ ‘Isma’il disobeyed his father and gave the dinars to him. He used them and did not bring anything. ‘Isma’il traveled, so also abu ‘Abd Allah, ‘Alayhi al-Salam, for al-Hajj in that year. ‘Isma’il, when performing Tawaf would say, ‘O Lord, grant me reward and replace for me what I have lost.’ Abu ‘Abd Allah, ‘Alayhi al-Salam, approached him and tapped him with his hand and said, ‘Hold it my son, by Allah, you have no ground for your argument before Allah and you have no right for receiving any reward or replacement for what you have lost, when you knew that he drank wine and you still trusted him.’ ‘Isma’il said, ‘O father, I did not see him drinking wine. I only heard people say so.’ He (the Imam) said, ‘My son, Allah, most Majestic, most Glorious, says in His book, “He believes in Allah and in the believers,” (9:62) meaning he accepts (the words of) Allah (as true words) and accepts (the words of) the believers (as true words). When the believers testify before you then accept their words as true and do not trust one who drinks wine; Allah, most Majestic, most Glorious, says in His book, “You must not give your assets to dimwitted ones.” (4:5) Who can be more dimwitted than one who drinks wine? The speech (advice) of one who drinks wine has no beneficial effect, his intercession is useless and he is not trusted in matters of trust. Whoever entrusts him with his assets and he destroys it, such person does not deserve any reward from Allah for his loss or replacement from Allah.’”
2. Ali ibn Ibrahim has narrated from his father from Muhammad ibn ‘Isa from Yunus and A number of our people have narrated from Ahmad ibn abu ‘Abd Allah from his father all from Yunus from ‘Abd Allah ibn Sinan and ibn Muskan from abu al-Jarud who has said the following: “Abu Ja‘far, ‘Alayhi al-Salam, has said, ‘When you speak to me, ask me about the book of Allah.’ He (the Imam) then in his Hadith said, ‘Allah has prohibited from qil (it was said so), qal (he said so and so on . . .), destruction of assets and a great deal of questions.’ They then asked, ‘O child of the Messenger of Allah, where in the Quran is what you just said?’ He (the Imam) then said, ‘Allah, most Majestic, most Glorious, says in His book, “There is nothing good in many of their whispering conversations.” (4:114) He has also said, “You must not give your assets to the dimwitted ones, upon which Allah has made you a keeper,” (4:5) and He has said, “You must not ask about all kinds of things because if revealed to you can make you feel bad.” (5:101)’”
3. A number of our people have narrated from Ahmad ibn Muhammad from ibn Mahbub from Khalid ibn Jarir from abu al-Rabi‘ who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, ‘If one trusts one who drinks wine, about a trust after knowing that he drinks wine, he has no guarantee for it before Allah or any reward or replacement for his loss.’”
4. A number of our people have narrated from Sahl ibn Ziyad from Ali ibn Asbat from certain persons of our people from ‘Amr ibn abu al-Miqdam who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘One’s trusting a treacherous person and wasting assets is a worthless act.’”
5. Al-Husayn from Muhammad has narrated from Mu’alla’ ibn Muhammad from al-Washsha’ who has said the following: “I once heard abu al-Hassan, ‘Alayhi al-Salam, saying, ‘Allah, most Majestic, most Glorious, hates qil (it was said so), qal (he said so and so on . . .), wasting assets and asking a great deal of questions.’”
1. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Yazid ibn Ishaq Sha‘ir from Harun ibn Hamzah who has said the following: “This is concerning my question before abu ‘ Abd Allah, ‘Alayhi al-Salam, about the case of cows, sheep and camels in a pasture which destroy certain things; if anyone is held responsible for anything. He (the Imam) said, ‘If they destroy during the day there is no responsibility; the owners must protect them (their belongings); but if they destroy during the night then the owner of cattle is held responsibility.’”
2. A number of our people have narrated from Ahmad ibn Muhammad from al-Husayn ibn Sa‘id from certain persons of our people from Mu’alla’ abu ‘Uthman from abu Basir who has said the following: “I once asked abu ‘Abd Allah, ‘Alayhi al-Salam, about the words of Allah, most Majestic, most Glorious, ‘. . . and Dawud and Sulayman who judged about the plantation which was damaged by the sheep of the people.’ (21:78) Abu ‘Abd Allah, ‘Alayhi al-Salam, has said, ‘Such damage can happen only during the night. It is the responsibility of the owner of plantation to protect it during the day. The owner of cattle is not required to protect them during the day. During the day it is grazing and feeding. What is damaged is not the responsibility of its owner. The owner of the cattle is responsible to guard them during the night against destroying the people’s plantation. Whatever they may destroy during the night is the responsibility of the owner of cattle and that is what is called al-Nafsh (grazing). Dawud issued judgment in favor of the one whose plantation was damaged against the owner of sheep. Sulayman issued his judgment to pay for the damage in the form of one year’s milk and wool of the sheep to the owner of the plantation.’”
3. Ahmad ibn Muhammad from has narrated from ‘Isa from al-Husayn ibn Sa‘id from ‘Abd Allah ibn Bahr from ibn Muskan from abu Basir who has said the following: “I once said abu ‘Abd Allah, ‘Alayhi al-Salam, ‘What is the meaning of the words of Allah, most Majestic, most Glorious, “Dawud and Sulayman who issued judgment about the plantation.’” I asked, ‘Was it one issue about which they gave judgment?’ He (the Imam) said, ‘Allah, most Majestic, most Glorious, had sent revelation to the prophets before Dawud about such issue. To Dawud Allah revealed that whatever of sheep graze on a plantation, the owner of the plantation receives the necks of the sheep and such grazing must be that which takes place during the night; the owner of the plantation must protect it during the day; and the owner of the sheep must guard them during the night, therefore, Dawud judged as the prophets had judged before. To Sulayman Allah, most Majestic, most Glorious, sent revelation that required the owner of the plantation to ask only for what comes out of the belly of the sheep. This tradition continued after Sulayman and that is mentioned in the words of Allah, most High, “To everyone of them We give command and knowledge,” (22:79) thus, everyone of them judged according to the command of Allah, most Majestic, most Glorious.’”
1. Ali ibn Ibrahim has narrated from his father from ibn abu ‘Umayr from ibn Muskan from Zurarah and abu Basir who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ‘Amir al-Mu’minin, issued judgment in favor of a man whose slave was hired by a goldsmith or another man. The judgment said, ‘If he has caused certain damage or has run away with something, the masters are held responsible. 5 ”
2. A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from his father from Wahab who has said the following: “Abu ‘Abd Allah, ‘Alayhi al-Salam, has said that ’Amir al-Mu’minin has said, ‘If one uses the services of the slave of a people and causes damage to him, he is responsible. If one uses the works of a small free person and causes damage to that person, he is responsible.”’
Daif· 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.
