ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
4. Al-Husayn Muhammad has narrated from Mu‘alla’ ibn Muhammad from al-Hassan ibn Ali from abu Khadijah who has narrated the following: “Abu ‘Abd Allah (a.s.), once said to me, ‘Beware no one among you must take one another before the people of injustice. You must find among yourselves one who knows certain things of our judgment; then you must appoint him to judge for you; I have made him to judge for you and you must seek adjudication before him.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
5. Muhammad ibn Yahya has narrated from Muhammad ibn al-Husayn from Muhammad ibn ‘Isa from Safwan from Dawud ibn al- Haseen from ‘Umar ibn Hanzalah who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about two of our people who have a dispute over a certain issue of religion or inheritance, and they go for judgment before the Sultan or a judge; if it is lawful. He (the Imam) said, ‘Whoever seeks judgment before al-Taghut (transgressors) who judges for him, whatever he then receives by such judgment is al-suht (sinful earning) even if it is his established right; he has taken it through the judgment of al-Taghut (transgressors) when Allah has commanded to reject al-Taghut.’ I then asked, ’What then should they do?’ He (the Imam) said, ‘You must find one among you who narrates our Hadith and has given thought about our lawful and unlawful matters and has learned our rules; then you must accept him as the judge among you; I have made him the judge and ruler over you. When he issues judgments according to our rules and it is not accepted from him, then the rule and laws of Allah are taken lightly and our rules are rejected. Those who reject us, they have rejected Allah and that is like taking things as partners of Allah.’”
ARead English translationHide English translationMuhammad Sarwar — attributed by Thaqalayn⌄
1. Ali ibn Ibrahim has narrated from his father from ibn Mahbub from ‘Amr ibn abu af-Miqdam from his father Safmah ibn Kuhayf who has narrated the following: “I heard ’ Amir al-Mu’minin, Ali (a.s.), saying to Shurayh, ’Keep an eye on those who delay payment of debts on them and on the procrastinators and on defending the rights of people against the capable and the affluent ones who throw the wealth of the Muslims to the ruling parties. Take the rights of people from them and sell for this purpose real properties and buildings; I heard the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, saying, “The procrastination of an affluent Muslim is injustice to the Muslim.” Those who do not own real properties and homes or other assets, there is no way against them. You must take notice that people cannot be made to do the right thing except by stopping them from falsehood. Be comforting for the Muslims by the appearance of your face, words and sitting manners so that people with nearness to you cannot expect you to be unjust and your adversary loses hope of your justice. Make a plaintiff to take an oath along with testimony; it clears up the blindness and confusion and solidifies the judgment. You must take notice that Muslims are all just people toward each other except those whipped for penalty who have not repented, those well- known for presenting false testimony and a doubting pessimist. You must always stay away from censuring and hurting people in an adjudicating session, for conducting of which Allah has made the recompense obligatory with good rewards for those who render the right judgment. You must keep in mind that arranging a settlement is permissible among the Muslims, except a settlement that makes the lawful as unlawful and the unlawful as lawful. You must set a time limit for those who claim to have absent witnesses. If they present such witnesses then restore their rights; but if they did not present such witnesses, then you must issue judgment against them. You must never issue a judgment in equitable retaliation or a penalty of the penalties, which Allah has sanctioned for the rights of the Muslims without first showing it to me, by the will of Allah. Do not sit (to eat) in the adjudicating session until you complete eating.”’
[1]رجل معك اي مطو، و المطال: اللىّ و التسويف و التعلل في أداء الحق و تأخيره من وقت الى وقت.ص 412
[2]في بعض النسخ بالزاى المعجمة و في النهاية« وزعه كفه و منعه».ص 412
[1]ربما يحمل هذا على التقية لموافقته لمذاهب بعض العامّة او على اختصاص الحكم بشريح لعدم استيهاله للقضاء او على ما إذا كان الدعوى على الميت او مع الشاهد الواحد أو مع دعوى الرد.( آت)ص 413
الهوامش · 2 footnotes⌄
[١]رجل معك اي مطو، و المطال: اللىّ و التسويف و التعلل في أداء الحق و تأخيره من وقت الى وقت.
[٢]في بعض النسخ بالزاى المعجمة و في النهاية« وزعه كفه و منعه».