Chapter on Rare Cases of Legal Punishments

Hadith.5135 - Sulayman ibn Dawud Al-Minqari narrated from Hafs ibn Ghiyath who said: I asked Abu Abdullah (as), "Who is responsible for carrying out the legal punishments (hudud) -the ruler or the judge?" Imam (as) replied: "The implementation of the legal punishments belongs to the one who holds the authority of judgment."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5136 - It has been narrated that a man brought another man to Commander of the Faithful (as) and said: "O' Commander of the Faithful, this man claimed that he had a wet dream involving my mother." Commander of the Faithful (as) replied: "A dream is like a shadow; if you wish, I will flog his shadow for you." Then Imam (as) said: "However, I will punish him so that he does not repeat such actions and harm the Muslims."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5137 - It has been narrated that two boys approached Commander of the Faithful (as) holding their wooden tablets and said: "O' Commander of the Faithful, judge between us." Commander of the Faithful (as) replied: "Injustice in this matter is like injustice in legal rulings. Convey to your teacher on my behalf that if he strikes you more than three times, it will be taken as retribution against him on the Day of Judgment."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5138 - Safwan ibn Yahya narrated from Yunus from Abu Al-Hasan Al-Maḍi (as) who said: "All those who commit major sins (kabaʾir), if the legal punishment (Hadd) is carried out on them twice, they are to be executed on the third offense."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5140 - Al-Hasan ibn Mahbub narrated from Abdullah ibn Sinan from Abu Abdullah (as) who said: A man came to the Messenger of Allah (swt) (peace be upon him and his family) and said: "My mother does not resist the hand of one who touches her." The Prophet (peace be upon him and his family) said: "Then confine her." The man replied: "I have done that." The Prophet (sw) said: "Then prevent anyone from entering upon her." The man said: "I have done that." The Prophet (sw) then said: "Then restrain her, for you will not honor her with anything better than preventing her from violating the prohibitions of Allah (swt), the Mighty and Majestic."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5141 - Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Durays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) who said: "The legal punishments (hudud) that are the rights of Allah (swt), the Mighty and Majestic, cannot be pardoned except by the Imam. However, when it comes to the rights of people in a legal punishment, there is no harm if it is pardoned without the Imam's involvement."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5142 - Imam Jafar ibn Muhammad Al-Sadiq (as) was asked about a man who said to a woman, "O' adulteress," and she replied: "You are more adulterous than me." Imam (as) said: "She is subject to the legal punishment (hadd) for the accusation she made against him. However, regarding her self-admission, she is not to be punished unless she confesses to that before the Imam four times."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5143 - The Messenger of Allah (swt) (peace be upon him and his family) said: "It is not permissible for a ruler who believes in Allah (swt) and the Last Day to administer more than ten lashes except in the case of a legal punishment (hadd)."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5144 - In the narration of Ziyad ibn Marwan Al-Qandi from someone who reported from Abu Abdullah (as), he said: "The hand of a thief is not to be cut off during a year of famine for stealing anything edible, such as bread, meat, or cucumbers."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5145 - It was narrated from Adam ibn Ishaq from Abdullah ibn Muhammad Al-Jufi who said: I was with Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) when a letter from Hisham ibn Abd Al-Malik arrived regarding a man who had exhumed the grave of a woman, stolen her clothes, and committed intercourse with her. The people were divided on how to punish him: some said: "Kill him," while others said: "Burn him." Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) wrote back to him: "The sanctity of the deceased is like the sanctity of the living. His punishment is that his hand should be cut off for exhuming the grave and stealing the clothing, and the legal punishment for adultery is to be applied to him. If he was married (muhsan), he is to be stoned, and if he was not married, he is to be flogged one hundred lashes."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5147 - In the narration of Al-Sakuni from Imam Jafar ibn Muhammad Al-Sadiq (as) from his father, Imam Muhammad ibn Ali Al-Baqir (as), it is reported: "Imam Ali ibn Abi Talib (as) was presented with a man who had consumed alcohol. Imam (as) asked him to recite the Qur'an, and the man recited it. Then Imam Ali ibn Abi Talib (as) took his cloak and threw it among the cloaks of the people and said to him, 'Retrieve your cloak.' When he could not distinguish it, Imam Ali ibn Abi Talib (as) carried out the legal punishment on him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5148 - Abu Ayyub narrated from Al-Halabi from Abu Abdullah (as) who said: "In the book of Imam Ali ibn Abi Talib (as), it is mentioned that He (as) would administer punishment using a whip, half a whip, or even a part of it - meaning in the legal punishments (hudud) when a young boy or girl, who had not yet reached maturity, was brought to him. Yet, He (as) would not nullify any of Allah's (swt) prescribed punishments." Imam Al Sadiq (as) was asked: "How would he strike with part of the whip?" Imam (as) replied: "Imam Ali ibn Abi Talib (as) would hold the whip by its middle and strike with it, or he would hold it by a third and strike with it, in proportion to their ages. In this way, he would strike them with the whip without nullifying any of Allah's (swt) prescribed punishments, the Mighty and Majestic."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.5149 - Commander of the Faithful (as) delivered a sermon to the people and said: "Indeed, Allah (swt), the Blessed and Exalted, has set boundaries, so do not transgress them. He (swt) has made obligations, so do not neglect them. And He (swt) has remained silent on certain matters - not out of forgetfulness - so do not burden yourselves with them. This is a mercy from Allah (swt) for you, so accept it." Then Imam Ali ibn Abi Talib (as) said: "What is lawful (halal) is clear, and what is unlawful (haram) is clear, and between them are doubtful matters. Whoever avoids what is doubtful regarding sin will be even more cautious in avoiding what is clearly sinful. The acts of disobedience are the sanctuary of Allah (swt), the Mighty and Majestic. Whoever grazes near it is likely to fall into it." [BOOK=BOOK ON BLOOD MONEY (DIYYAT)] كِتَابُ الدِّيَاتِ‌

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.