علي بن رئاب

Hadith.5268 - Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as) said: "If a free man kills a slave, he must pay the slave's value and be disciplined." It was asked: "What if the value of the slave is twenty thousand?" Imam (as) replied: "The value of a slave cannot exceed the blood money (diyyah) of a free person."

Hadith.5267 - Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) was asked about a slave who injured two men. Imam (as) said: "He is to be divided between them if his crime equals his full value." It was asked: "What if he injured one man in the morning and another in the evening?" Imam (as) replied: "He is to be divided between them as long as the governor has not ruled regarding the first injured person. But if the governor had already ruled and handed the slave over to the first injured party due to his injury, and then the slave committed another injury afterward, then his liability for that second injury falls upon the latter victim."

Hadith.5265 - Imam Abu Abdullah (as) was asked about a slave who injured a free man. Imam (as) said: "If the free man wishes, he may take retribution (qisas) from him, and if he wishes, he may take the slave if the injury is severe enough to warrant his execution. If the injury does not warrant execution, then the slave's master must pay compensation (diyyah). If the master refuses to pay the compensation, then the injured free man has a right over the slave equivalent to the diyyah of his injury, and the rest belongs to the master. The slave is then sold, the injured party takes his due, and the remainder is returned to the master."

"There is no stoning (rajm) upon him until he engages in intercourse with the free woman after his emancipation." I asked: "Does the free woman have the option (to leave him) when he is freed?" Imam (as) replied: "No, for she accepted him while he was a slave, and he remains upon his original marriage."

"The prescribed punishment for Umm Al-Walad (a slave woman who has borne a child for her master) is the same as that of a slave woman if she has not borne a child."

"Whoever carries a weapon at night is considered a highway robber (muharib), unless he is a man who is not known for suspicion or wrongdoing."

"If a male slave confesses to theft once before the Imam, his hand is to be cut off. Likewise, if a female slave confesses to theft before the Imam, her hand is to be cut off."

"Commander of the Faithful (as) would imprison him for life and would say, 'I feel ashamed before my Lord (azj) to leave him without a hand to clean himself with and without a foot to walk with to fulfill his needs.'" Imam Al-Baqir (as) added: "When Imam Ali ibn Abi Talib (as) would cut off the hand, he would cut it below the wrist joint, and when he would cut off the foot, he would cut it from the ankle." Imam Al-Baqir (as) also stated: "Imam Ali ibn Abi Talib (as) did not believe that any of the prescribed punishments should be pardoned."

I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) and he had one brother residing in the land of migration (Dar Al-Hijrah) and another brother in the land of the Bedouins (Dar Al-Badw), who had not migrated. I asked: "If the migrant (Muhajir) brother pardons the killer, but the Bedouin brother wants to execute retaliation (Qisas), does he have the right to do so?" Imam (as) replied: "The Bedouin has no right to kill a migrant until he himself migrates. However, if the migrant pardons the killer, his pardon is valid." I asked: "Does the Bedouin have any share in the inheritance?" Imam (as) said: "As for inheritance, he has a share, and he is entitled to his portion of his slain brother's blood money (Diyyah) if it is taken."

I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a woman who intentionally drank medicine while she was pregnant without informing her husband, causing her to miscarry his child. Imam (as) said: "If the fetus had developed bones upon which flesh had grown, she must pay the full diyyah (blood money) to the father. However, if it was a clot of blood (alaqah) or a lump of flesh (mudghah), then she must pay forty dinars or provide a compensatory slave (ghurrah) to the father." I then asked: "Does she inherit any share of the blood money for her child along with the father?" Imam (as) replied: "No, because she killed the child, and therefore she does not inherit from it."

"Indeed, if a slave escapes from his masters and then steals, his hand is not cut off while he is a fugitive, because he is like one who has apostatized from Islam. However, he is invited to return to his masters and re-enter Islam. If he refuses to return to his masters, his hand is cut off for the theft, and then he is executed. And the apostate, if he steals, is treated in the same manner."

"If he had confessed to the hadd upon himself while he was sound in mind and free from any mental illness, then the hadd must be carried out on him regardless of his current state."

"If the fetus had developed bones covered with flesh and its hearing and sight had been formed, then she must pay the full blood money (diyyah) and hand it over to the child's father." Imam (as) further said: "If it was still in the stage of a clot (Alaqah) or a piece of flesh (muḍghah), then she must pay forty dinars or provide a ghurra (compensation), handing it over to the father." I asked: "Does she inherit anything from her child's blood money?" Imam (as) replied: "No, because she killed the child."

I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a man who accidentally killed a slave. Imam (as) said: "He must pay the slave's value, and his value should not exceed ten thousand dirhams." I asked: "Who will appraise his value when he is dead?" Imam (as) replied: "If the master has witnesses that his value on the day he was killed was such and such, then the killer must pay that amount. If the master has no witnesses, the killer must swear four times by Allah (swt) that the slave's value was no more than what he has appraised. If he refuses to swear and the oath is passed to the master, then the master is given the amount he swore upon, but the value must not exceed ten thousand dirhams." Imam (as) further said: "If the slave was a believer and he was killed intentionally, the killer must pay his value, free a slave, fast for two consecutive months, feed sixty needy people, and repent to Allah (swt), the Mighty and Majestic."

he was asked about a Muslim who gouged out the eye of a Christian. Imam (as) replied: "The blood money (diyyah) for the eye of a dhimmi (non-Muslim under Islamic protection) is four hundred dirhams."

"Indeed, Allah (swt), Blessed and Exalted, has ruled differently regarding your blood than He (swt) has regarding your wealth. In matters of wealth, the ruling is that the burden of proof is upon the claimant, and the oath is upon the one against whom the claim is made. However, in matters of blood, the ruling is that the oath is upon the claimant, and the proof is upon the one against whom the claim is made, so that the blood of a Muslim is not unjustly nullified."

"Should he be killed for the Muslim he murdered?" Imam (as) replied: "Yes." It was then asked: "And if he does not accept Islam?" Imam (as) said: "He will be handed over to the heirs of the murdered person. If they wish, they may kill him, if they wish, they may pardon him, and if they wish, they may enslave him. And if he possesses any tangible wealth, it will be handed over to the heirs of the murdered person along with him."

"The compensation is upon the master."

I asked Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) about a man who killed a mentally ill person. Imam (as) said: "If the mentally ill person had intended to harm him and the man defended himself and killed him, then there is neither retribution (qisas) nor blood money (diyyah) upon him. However, his heirs should be given the blood money from the public treasury (Bayt Al-Mal) of the Muslims." Imam (as) further said: "But if the man killed him without the mentally ill person intending to harm him, then there is no retribution for someone who cannot be avenged, but I believe that the killer must pay the blood money from his own wealth to the heirs of the mentally ill person. He must also seek forgiveness from Allah (swt), the Almighty and Majestic, and repent to Him (swt)."

“I once asked abu Ja‘far (a.s.), about a man who kills a person by mistake in a sacred month. He (the Imam) said, ‘Blood money has become substantial on him. He is required to set a slave free or fast for two consecutive months of the sacred ones.’ I then asked, ‘What happens if something takes place in between?’ He (the Imam) said, ‘Give an example.’ I said, ‘If ‘Id day or the days of tashriq (11, 12, and 13) come in between. He (the Imam) said, ‘He is required to fast because it is a binding right upon him.’”