Hadith 590
۞
Hadith.5560 - Ibn Faddal narrated from Ali ibn Uqbah from Burayd ibn Mu'awiyah from Abu Abdullah (as), who said
I said to Imam (as): "A man appointed me as his executor, and I asked him to appoint a relative of his to share the responsibility with me, and he agreed. The one who appointed me mentioned that the co-executor owed him one hundred and fifty dirhams and that he had a silver cup as collateral for this debt. When the man passed away, the co-executor began to claim that he was owed sacks of wheat instead."
Abu Abdullah (as), said: "If he brings proof, then his claim is valid; otherwise, he has no right to anything."
I asked: "Is it permissible for him to take anything from what is in his possession?"
Imam (as) replied: "It is not permissible for him."
I then asked: "What if someone wrongfully took his wealth, and he found the opportunity to take back from that person's wealth the equivalent of what was taken from him - would that be permissible?"
Imam (as) replied: "This is not the same as that."
5560 - وَ رَوَى اِبْنُ فَضَّالٍ عَنْ عَلِيِّ بْنِ عُقْبَةَ عَنْ بُرَيْدِ بْنِ مُعَاوِيَةَ عَنْ أَبِي عَبْدِ اَللَّهِ عَلَيْهِ اَلسَّلاَمُ قَالَ
قُلْتُ لَهُ إِنَّ رَجُلاً أَوْصَى إِلَيَّ فَسَأَلْتُهُ أَنْ يُشْرِكَ مَعِي ذَا قَرَابَةٍ لَهُ فَفَعَلَ وَ ذَكَرَ اَلَّذِي أَوْصَى إِلَيَّ أَنَّ لَهُ قِبَلَ اَلَّذِي أَشْرَكَهُ فِي اَلْوَصِيَّةِ خَمْسِينَ وَ مِائَةَ دِرْهَمٍ وَ عِنْدَهُ رَهْنٌ بِهَا جَامٌ مِنْ فِضَّةٍ فَلَمَّا هَلَكَ اَلرَّجُلُ أَنْشَأَ اَلْوَصِيُّ يَدَّعِي أَنَّ لَهُ قِبَلَهُ أَكْرَارَ حِنْطَةٍ قَالَ "إِنْ أَقَامَ اَلْبَيِّنَةَ وَ إِلاَّ فَلاَ شَيْءَ لَهُ" قَالَ قُلْتُ لَهُ أَ يَحِلُّ لَهُ أَنْ يَأْخُذَ مِمَّا فِي يَدِهِ شَيْئاً قَالَ "لاَ يَحِلُّ لَهُ" قُلْتُ أَ رَأَيْتَ لَوْ أَنَّ رَجُلاً اِعْتَدَى عَلَيْهِ فَأَخَذَ مَالَهُ فَقَدَرَ عَلَى أَنْ يَأْخُذَ مِنْ مَالِهِ مَا أَخَذَ أَ يَحِلُّ ذَلِكَ لَهُ فَقَالَ "إِنَّ هَذَا لَيْسَ مِثْلَ هَذَا".
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