ARead English translationHide English translationHubeAli — attributed by Thaqalayn⌄
Ali Bin Ibrahim, from his father, form Ibn Mahboub, from Ali Bin Abu Hamza, from Abu Baseer, (It has been narrated) from Abu Ja’far asws having said: ‘The blood relatives are not guarantors in deliberate (killing), nor confession, nor a reconciliation’.
ARead English translationHide English translationHubeAli — attributed by Thaqalayn⌄
A number of our companions, from Sahl Bin Ziyad, from Muhammad Bin Al Hassan Bin Shamoun, from Abdullah Bin Abdul Rahman, from Misma’a, (It has been narrated) from Abu Abdullah asws that Amir Al-Momineen asws judged regarding four witnesses upon a man who had seen him copulating with a woman. So he was stoned. Then one of them retracted (his statement). He asws said: ‘He would be fined a quarter of the wergild, when he says, ‘It was doubtful to me’. So if two were to retract, and they both say, ‘It was doubtful upon us’, they would both be fined half the wergild. And if all of them were to retract, and they say, ‘It was doubtful upon us’, they would be fined the (complete) wergild. But if they were to say, ‘We testified falsely’, they would be killed all together’.
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
4. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from certain persons of his people who has narrated the following: “This is about the case of four men who testify against al-Muhsin (married male) to have committed fornication; then one of them retracts his testimony after the man is executed. Abu ‘Abd Allah (a.s.), has said, ‘If the fourth cites doubt, he is subjected to penalty, but if he says it was intentional then he is put to death.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
5. Ibn Mahbub has narrated from Ibrahim ibn Nu’aym al-’Azdiy who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of four witnesses who testify against a man to have committed fornication and when he is executed, one of them retracts his testimony. He (the Imam) said, ‘The fourth one among them is executed and the other three must pay three-fourth of wergild to his family of the fourth witness.’”
ARead English translationHide English translationHubeAli — attributed by Thaqalayn⌄
Ali Bin Ibrahim, from Al Mukhtar Bin Muhammad Bin Al Mukhtar and Muhammad Bin Al Hassan, from Abdullah Bin Al Hassan Al Alawy, bothe together from Al Fatah Bin Yazeed Al Jarjany, (It has been narrated) from Abu Al-Hassan asws regarding four who testified upon a man that he had committed adultery. So he was stoned. Then they retracted and said, ‘We had imagined’. (He asws said): ‘They would be necessitated the (payment of) wergild. And if they say, ‘We were deliberate’, whichever of the four the guardian of the killed one so desires to kill, and the three would paid three quarters of the wergild to the guardians of the second one killed, and the three would be whipped eighty (lashes), each one from them, then the Imam asws would kill them’. And he asws said regarding two men who testified upon a man that he had stolen. So he (his hand) was cut. Then one of the two retracted and said, ‘I imagined it with regards to this, but it was someone else: ‘He would be necessitated (payment of) half the wergild of the hand, and his testimony with regards to the others would not be accepted. So if both of them were to retract and both say, ‘We imagined it, but so and so was the thief’, they would both be necessitated (payment of) the wergild of the hand and both their testimonies with regards to the others would not be acceptable. And if both say, ‘We were deliberate’, the hand of one of the two would be cut by the one whose hand was cut, but the one whose (hand) was not cut would pay a quarter of the wergild to the guardians of the one whose hand was cut. So if the first one (whose hand was) cut says, ‘I am not pleased until the hands of both of them are to be cut together, he has to return the wergild of one hand to be divided between the two of them, and he can cut (hands of) both of them’.
[1]لعل الحكم بربع دية الرجل محمول على التقية لانهم لا يقطعون من الزند و اما على مذهب الاصحاب ففيه قطع أربع أصابع لا تبلغ ربع الدية و يمكن أن يكون محمولا على ما إذا شهدوا عند المخالفين فقطعوا من الزند و اللّه يعلم.( آت)ص 367
الهوامش · 1 footnote⌄
[١]لعله على المشهور الحدّ فيه محمول على التعزير و الدية على ربعها و القتل على ما إذا رد الولى عليه ثلاثة ارباع الدية.( آت)