حفص الجوهري

Hadith.5113 - Abu Abdullah (as) was asked about the minimum amount for which a thief's hand is to be cut off. Imam (as) said: "A quarter of a dinar."

Hadith.5184 - Abu Jafar Imam Muhammad ibn Ali Al-Baqir (as) and Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq (as) said: "Whoever is killed through legal retribution (qisas), there is no blood money (diyyah) for him."

Hadith.5387 - Abu Abdullah (as) said regarding a slave who struck one man with a muḍihah wound (a wound that exposes the bone) and then struck another man similarly: "The compensation is to be divided between them."

Hadith.5537 - In another narration, Abu Abdullah (as), was asked about a man who had bequeathed one-third of his wealth and was then killed by mistake. Imam (as) said: "One-third of his blood money (diyyah) is included in his bequest."

Abu Abdullah (as) said: "Whoever initiates aggression and is then retaliated against, there is no retribution (qisas) for him."

“Abu ‘Abd Allah (a.s.), has said that Amir al-Mu’minin issued a judgment that said, ’All heirs inherit from the wergild except brothers and sisters from the mother’s side.’”

“Abu ‘Abd Allah (a.s.), has said that Amir al-Mu’minin issued a judgment that said, ’All heirs inherit from the wergild except brothers and sisters from the mother’s side who do not inherit anything from the wergild.’”

"Commander of the Faithful (as) was presented with two men, each of whom had accused the other of something concerning his body. Imam Ali ibn Abi Talib (as) waived the legal punishment for both of them and administered disciplinary punishment (ta'zir) to them."

"Whoever has intercourse with his wife after the completion of her waiting period ('iddah) is to be subjected to the prescribed punishment (hadd). However, if he has intercourse with her before the completion of her waiting period, that act is considered a return (reconciliation) to her."

Abu Abdullah (as) was asked about a man who hired a wet nurse and entrusted his child to her. She disappeared with the child for several years and then returned with the child. The mother claimed that she did not recognize the child. Imam (as) said: "They do not have the right to reject him; they must accept him, for the wet nurse is trusted."

Abu Abdullah (as) was asked about a Christian who accused a Muslim by saying to him, "O' adulterer." Imam (as) said: "He is to be flogged eighty lashes for violating the right of the Muslim and eighty lashes minus one for violating the sanctity of Islam. His head is to be shaved, and he is to be paraded among the people of his religion so that others may be deterred."

Abu Abdullah (as) was asked about a man who accused his wife of adultery while she was mute and deaf, unable to hear what he said. Imam (as) said: "If she has witnesses who testify on her behalf before the Imam, he (the husband) is to be flogged with the legal punishment and they are to be separated, and she will never be permissible for him again. But if she has no witnesses, then she is forbidden to him as long as she remains with him, and there is no sin upon her from him."

“Once abu ‘Abd Allah, Alayhi al-Salam, was asked about the case of a man who accuses his wife of committing fornication and she is speechless, deaf and cannot hear. He (the Imam) said, ‘If she has witnesses who testify before the Imam in her favor, he is whipped as punishment and they are separated from each other. Thereafter she will not be lawful for him in marriage forever. If she does not have witnesses she becomes unlawful for him as long as he stays with her and there is no sin on her because of it.’”

I asked Abu Abdullah (as) about a man who struck another man's head with a pickaxe, causing his eyes to fall onto his cheeks. The injured man then attacked his assailant and killed him. Abu Abdullah (as) said: "Both of them were aggressors. Therefore, I do not see that the one who killed the man should face retaliation because he killed him while he was blind, and the crime of a blind person is considered a mistake. His blood money (diyyah) is the responsibility of his Aqilah (male relatives responsible for blood money), to be paid over three years, with one-third paid each year. If the blind man has no Aqilah, the compensation must be paid from his own wealth over three years. Moreover, the blind man has the right to claim the blood money for his eyes from the heirs of his attacker."

Abu Abdullah (as) said to me: "A scroll was found in the hilt of the sword of Messenger of Allah (swt) (peace be upon him and his family), and it was written in it: In the Name of Allah (swt), the Most Gracious, the Most Merciful. Verily, the most defiant of people against Allah (swt) on the Day of Judgment is the one who kills someone other than his killer, strikes someone other than the one who struck him, and whoever aligns himself with other than his rightful guardians is a disbeliever in what Allah (swt) revealed to Muhammad (sw). And whoever commits an offense or shelters an offender, Allah (swt) the Exalted will not accept from him any repentance or compensation on the Day of Judgment." Imam (as) then said: "Do you know what is meant by the saying 'whoever aligns himself with other than his rightful guardians'?" I asked: "What does it mean?" Imam (as) replied: "It means the people of the religion."

I asked Imam (as) about a thief who entered upon a woman to steal her belongings. After gathering the clothes, his desires overcame him, and he violated her. When her son stirred, the thief struck him with an axe he had with him and killed him. After finishing, the thief carried the clothes and was about to leave when the woman attacked him with the axe and killed him. The thief's family came the next day demanding retaliation for his blood. Abu Abdullah (as) said: "His guardians who sought retaliation for his blood must pay the blood money for the boy. The thief is liable for what he left behind - four thousand dirhams - for having forced himself upon her because he committed adultery. This amount must be taken from his wealth. As for the woman, she bears no responsibility for killing him because he was a thief."

Abu Abdillah, peace be upon him, said: It was found on the top of the sword of Allah’s Messenger, Allah’s blessings be upon him and his Family, a journal, and in it was written: «In the Name of Allah, the Merciful to all, the Merciful in particular. Indeed, the most unruly of people in the sight of Allah on the Day of Resurrection is the one kills other than his killer, who hits other than his hitter and who befriends other than his allies. He is disbelieving in what Allah, Exalted is He, has sent down unto Muhammed, Allah’s blessings be upon him and his Family. Furthermore, the one who performs a sin or gives refuge to a sinner, Allah, Exalted is He, will not accept from him ransom, nor dispursal. He said: He then said: Do you know the meaning of his saying: «who befriends other than his allies»? I said: What does he mean with it? He said: He means the people of religion. The ransom is repentance, according to the saying of Abu Ja’far, peace be upon him, and the dispursal is redemption, according to the saying of Abu Abdillah, peace be upon him.

Abu Abdullah (as) said: "Isa ibn Musa and Ibn Shubrumah asked me about a murdered person found alone in the land of a people. I (Abu Abdullah (as)) said to them: The Ansar once found a man in one of the irrigation channels of Khaybar. The Ansar said: 'The Jews have killed our companion.' The Messenger of Allah (swt) asked them: 'Do you have any evidence?' They replied: 'No.' Prophet (sw) said: 'Will you swear an oath?' The Ansar said: 'How can we swear an oath about something we did not witness?' The Prophet (peace be upon him and his family) said: 'Then the Jews will swear an oath.' The Ansar responded: 'They will swear an oath concerning our companion?' So, the Prophet (peace be upon him and his family) personally paid the blood money for the man. Ibn Shubrumah then asked (Abu Abdullah (as)): 'What if the Prophet (peace be upon him and his family) had not paid it?' I {Abu Abdullah (as)) replied: 'We do not say anything about what the Messenger of Allah (swt) (peace be upon him and his family) did, as if he would not have done it.' Then I asked Imam (as): 'Upon whom does the qasamah (oath of accusation) fall?' Imam (as) replied: 'It falls upon the family of the murdered person.'"

I was present with Yunus Al-Shaybani while Abu Abdullah (as) was informing him about blood money (diyat). I asked Imam (as): "What if the sperm-drop (nutfah) came out mixed with blood?" Imam (as) replied: "If it has clotted and the blood is pure, then it is forty dinars. But if it is black blood, then there is nothing upon him except disciplinary punishment (taʿzir), because pure blood is for the child, while black blood is from within the body." Abu Shibl asked: "What if the clot (Alaqah) has a vein-like piece of flesh in it?" Imam (as) replied: "It is forty-two dinars, with one-tenth of it." I asked: "Is one-tenth of forty not four?" Imam (as) said: "It is one-tenth of the muḍghah (chewed-like substance) because only one-tenth of it was lost. As it grows, the amount increases until it reaches sixty." I asked: "I saw in the muḍghah something like a solid bone knot." Imam (as) said: "That is the bone, which initially starts with four dinars. If it increases, then add four more until it completes eighty dinars. Similarly, when the bone is covered with flesh, it follows the same ruling." I asked: "If a woman was struck, causing the fetus to miscarry and it is not known whether the fetus was alive or not?" Imam (as) replied: "Far from it, O' Abu Shibl! Once five months have passed, life has been instilled in it, and full blood money (diyyah) becomes obligatory."

“Once abu ‘Abd Allah (a.s.), was asked about the words of Allah, most Majestic, most Glorious, ‘Those who accuse their wives and do not have witnesses except themselves. . . (24:4) He (the Imam) said, ‘He is one who accuses his wife. If he accuses then confesses that he has lied against her, the punishment for him is whipping and his wife is returned to him. If he refuses and goes ahead he must testify four times against her, by Allah, that he is truthful. For the fifth time he must condemn himself if he is of the lying people. If she wanted to defend herself against suffering (punishment and penalty), which is to be stoned, she must testify four times, by Allah, that he is of the lying people and for the fifth time must condemn herself by saying that she must be subjected to the anger of Allah if he has spoken the truth. If she did not do it she then is stoned but if she defended herself, penalty is diverted from her and thereafter she will never become lawful for him in marriage until the day of Day of Judgment.’ I then asked, ‘What happens if they are separated and she has a child who dies? He (the Imam) said, ‘His mother inherits him and if his mother dies his maternal uncles inherit him. Those who say that he is born out of wedlock must be punished by whipping.’ I then asked, ‘Is the child returned to him if he confesses that he has lied?’ He (the Imam) said, ‘No, it is not honorable. He does not inherit the son but the son inherits him.’”