From him, from his father, from Al Nowfaly, from Al Sakuny, (It has been narrated) from Abu Abdullah asws that the guide, and the usher, and the rider is responsible, so he asws said: ‘Whatever the (hind) legs hit, so it is upon the usher, and whatever the hands (front legs) hit, so it is upon the guide and the rider’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
[١]الظاهر من حال الاسناد كون الخبر مرسلا لسقوط الواسطة بين حماد بن عيسى و سوار( فضل اللّه الإلهي) أقول: و رواية سوار أيضا عن الحسن مرسلة لبعد زمانه عنه عليه السلام كما في جامع الرواة.
Muhammad Bin Yahya, from Ahmad Bin Muhammad and Ali Bin Ibrahim, from his father, both together from Ibn Mahboub, from Abdullah Bin Sinan, and Abdullah Bin Bukeyr, both together, (It has been narrated) from Abu Abdullah asws having said: ‘Amir Al-Momineen asws judged regarding a man who found a killed person and it was not known who killed him. He asws said: ‘If it was known and there were guardians who were seeking his wergild, they would be given his wergild from the public treasury of the Muslims, and the blood of a Muslim person would not be invalidated, because his inheritance is for the Imam asws . Thus, like that, his wergild would happen to be upon the Imam asws , and he asws would Pray over him, and bury him’. He asws said: ‘And he asws judged regarding a man who was crushed by the crowd in the throng of the people, so he said, ‘His wergild is from the public treasury of the Muslims’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ibn Mahboub, from Hammad Bin Isa, from Sawwar, from Al Hassan who said, ‘When Ali asws defeated Talha and Al-Zubeyr, the people came back defeated, so they passed by a pregnant woman upon the road. So she panicked from them, and aborted what was in her belly, alive. So it was restless until it died. Then its mother died from after it’. So Ali asws and his companions passed by her and she and her child were lying upon the road. So he asws asked them about her matter, so they said to him asws , ‘She was pregnant, so she panicked when she was the fighting and the defeat’. So he asws asked them: ‘Which of the two died before its companion?’ So they said, ‘Her son dies before her’. So he asws called for her husband, father of the deceased boy, so he asws made him inherit two-thirds wergild from his son, and her mother to inherit one-third of his wergild. Then the husband inherited from his dead wife, half of the wergild which she had inherited from her dead son, and the relatives of the deceased inherited the remainder’. He (the narrator) said, ‘Then the husband inherited as well from the wergild of the deceased wife, half the wergild, and it was two thousand and five hundred Dirhams, and that is because there did not happen to be any child for her except for the one who had been thrown with, when she had panicked’. He (the narrator) said, ‘And he asws (Amir Al-Momineen asws ) paid all of that from the public treasury of the Muslims’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.
شCommentary1 available source
لا يوجد شرح متاح لهذا الحديث.
الهوامش1
[1]الظاهر من حال الاسناد كون الخبر مرسلا لسقوط الواسطة بين حماد بن عيسى و سوار( فضل اللّه الإلهي) أقول: و رواية سوار أيضا عن الحسن مرسلة لبعد زمانه عنه عليه السلام كما في جامع الرواة.ص 354
Ali Bin Ibrahim, from his father, from Ibn Fazzal, from Yunus Bin Yaqoub, from Abu Maryam, (It has been narrated) from Abu Ja’far asws having said: ‘Amir Al-Momineen asws judged that whatever erroneous judgement (is made) regarding blood, or cutting, so it is upon the public treasury of the Muslims’.
Translation: HubeAli·Thaqalayn link·The Arabic above is the original.