Hadith 185
۞
Such people are asked, “What do you say about the state in which ‘those having a say” (ahl hal wa aqd) are not able to select an Imam? What is the case of the penalties?” If you say they are not binding, this is abrogation on the same merits you accused us of; and if you say penalties remain enforceable with respect to their deservers; this is our very answer as well.
ويقال لهم: ما يقولون في الحال التي لا يتمكن أهل الحل والعقد من اختيار الإمام، ما حكم الحدود؟ فإن قلتم: سقطت، فهذا نسخ على ما ألزمتمونا.وإن قلتم: هي باقية في جنوب مستحقيها، فهو جوابنا بعينه.
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