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Ali Bin Ibrahi, from Muhammad Bin Isa, from Yunus, from Muhammad Bin Sinan, from Al A’ala Bin Al Fazeyl who said, ‘Abu Abdullah asws said: ‘The Penalty ( Hadd ) of the sodomist is like the Penalty ( Hadd ) of the adulterer’. And he asws said: ‘If he was married, would be stoned, or else whipped’.
[2]قال في المسالك: مذهب الاصحاب أن حدّ اللائط الموقب القتل ليس الا و يتخير الامام في جهة قتله فان شاء قتله بالسيف و ان شاء ألقاه من شاهق و إن شاء أحرقه بالنار و ان شاء رجمه و ورد روايات بالتفصيل بانه ان كان محصنا رجم و ان كان غير محصن جلد و لم يعمل بها احد.( آت)ص 198
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Al Husayn Bin Muhammad, from Moala Bin Muhammad, from Al hassan Bin Ali, from Hammad Bin Usman who said, ‘I said to Abu Abdullah asws , ‘A man comes to a man’. He asws said: ‘If he was married, so upon him is the killing, and if does not happen to be married, so upon him is the whipping’. So I said, ‘So what is upon the passive one?’ He asws said: ‘Upon him is the killing upon every state, whether he was married, or without marriage’.
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Ali Bin Ibrahim, from his father, from Al Nowfaly, from Al Sakuny, (It has been narrated) from Abu Abdullah asws , from his asws forefathers asws having said: ‘Amir Al-Momineen asws said: ‘If it was befitting for anyone that he should be stoned twice, it would be sodomist to be stoned’.
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A number of our companions, from Sahl Bin Ziyad, from Bakr Bin Salih, from Muhammad Bin Sinan, from Abu Bakr Al Hazramy, Abu Abdullah asws having said: ‘They came to Amir Al-Momineen asws with a man and a woman, her husband had sodomised her son who was from other than him and had penetrated him, and witnessed had testified with that. So Amir Al-Momineen asws ordered for him to be struck with the sword until he dies, and strike the boy with less than the Penalty ( Hadd ) and said: ‘But, had you been mature, I asws would have killed you because of you having made it possible for him to penetrate you’.
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Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Yusuf Bin Al Haris, from Muhammad Bin Abdul Rahman A lArzamy, from his father Abdul Rahman, (It has been narrated) from Abu Abdullah asws , from his asws forefathers asws having said: ‘They came to Umar with a man who had been sodomised in his backside. So he understood that he should be whipped. So he said to the witnesses, ‘Did you all see him to be entered into like the entering of the applicator into the kohl?’ So they said, ‘Yes’. So he said to Ali asws , ‘What do you asws view with regards to this?’ So he asws sought the stallion who had copulated with him, but he was not found. So Ali asws said: ‘I asws see with regards to him that you should strike his neck’. He asws said: ‘So he ordered for his neck to be struck off. Then he asws said: ‘Hold him, for there remains for him another punishment’. They said, ‘And what is it?’ He asws said: ‘Call for some firewood!’ So he called for some firewood. So he (the body) was wrapped, then brought out and incinerated with the fire. He asws said: ‘Then he asws said: ‘Allah azwj has servants, for whom in their loins are wombs like the wombs of the women’. He said, ‘So what is for them that they do not become pregnant in these?’ He asws said: ‘Because it is inverted in their backsides, a gland like the gland of the camel. So when it stirs, they stir, and when it is calm, they are calm’.
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Abu Ali Al Ashary, from Al Hassan Bin Ali Al Kufy, from Al Abbas Bin Aamir, from Sayf Bin Umeyra, from Abdul Rahman Al Arzamy who said, ‘I heard Abu Abdullah asws saying: ‘A man was found to be with a man during the emirate of Umar. So one of them fled and the other one was seized. So they came with him to Umar. So he said to the people, ‘What are you opining?’ So this one said, ‘Do this’, and this one said, ‘Do this’. So he said, ‘What are you asws saying, O Abu Al Hassan asws !’ He asws said: ‘Strike his neck off’. So he had his neck struck off’. He asws said: ‘Then he intended that he be carried away, so he asws said: ‘Wait! There still remains something outstanding from his Penalty ( Hadd )’. He asws said: ‘Call for the firewood!’ He asws said: ‘So Umar called for the firewood, and Amir Al-Momineen asws ordered for him to be incinerated by it’.
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Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Al Husayn Bin Saeed, from Al Qasim Bin Muhammad Al Jowhary, from Abdul Samad Bin Basheer, from Suleyman Bin Hilal, (It has been narrated) from Abu Abdullah asws regarding the man who did it with the man, so he asws said: ‘If it was without the penetration, so the whipping, and if it was with the penetration, stand him up straight, then strike with the sword with one strike. The sword takes from him what it takes’. So I said to him asws , ‘It is the killing’. He asws said: ‘It is that’.
[1]أي هو القتل و لا بدّ أن يقتل به فالمراد بقوله عليه السلام:« أخذ السيف منه ما أخذ» أى موضع وقع عليه السيف او المعنى أن الحدّ هو ما ذكرت لك بأنّه يضرب ضربة سواء قتل به أم لا و الأول اوفق لمذهب الاصحاب و سائر الاخبار و اللّه يعلم( آت).ص 200
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Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ali Bin Al Hakam, from Aban, from Zurara, (It has been narrated) from Abu Ja’far asws having said: ‘The passive sodomist, his Penalty ( Hadd ) is the Penalty ( Hadd ) of the adulterer’.
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Ali Bin Ibrahim, from his father, from Yahya Bin Al Mubarak, from Abdullah Jabala, from Is’haq Bin Ammar who said, ‘I said to Abu Abdullah asws , ‘One in Ihraam kissed a boy from desire’. He asws said: ‘He would be whipped one hundred lashes’.
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Al Husayn Bin Muhammad Al Ashary, from Moala Bin Muhammad, from Al Hassan Bin Ali, from Hammad Bin Usman who said, ‘I said to Abu Abdullah asws , ‘A man comes to a man’. He asws said: ‘Upon him, if he was married, is the killing, and if does not happen to be married, so upon him would be the Penalty ( Hadd )’. I said, ‘So what is upon the passive one?’ He asws said: ‘Upon him is the killing, upon every state, be he married or without a marriage’.
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Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Muhammad Bin Haroun, from Abu ahya Al Wasity, raising it, said, ‘I asked him asws about two men taking to each other. He asws said: ‘The Penalty (Hadd) for both of them is the Penalty ( Hadd ) of the adulterer. So the active one of the two upon his companions, would be struck with one strike with the sword, it takes from him what it takes, and leave from him what it leaves, intending his being killed by it; and the passive one would be burnt in the fire’.
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Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ibn Mahboub, from Hisham Bin Salim, from Abu Baseer, (It has been narrated) from Abu Abdullah asws , said, ‘I heard him asws saying that: ‘In the Book of Ali asws , when the man is seized being with the boy in one quilt, both naked, the man would be struck (whipped), and the boy be disciplined. And if he has penetrated and was married, would be stoned’.