عمر

“Abu Ja’far (a.s.), has said, ‘Divorce does not take place without witnesses, however, going back to one’s wife without witnesses is lawful but having witnesses for it is better.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who dies and leaves behind a woman who is pregnant and gives birth after his death to a boy. Then the boy dies after falling on the ground and she who nursed witnesses it all. She says that he was alive and cried upon falling on the ground, then died. He (the Imam) said, ’The Imam can allow her testimony about one-fourth of the legacy of the boy.”’

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who asks me to testify for a case and I recognize my handwriting and seal but do not remember anything of the rest, little or more. He (the Imam) said, ‘If the party is trustworthy and there is another trustworthy man, you can testify.’”

“Abu ‘Abd Allah, has narrated from his father, ‘Alayhim al-Salam, who has said that once Qudamah ibn Maz‘un was brought before ‘Umar ibn al-Khattab because of drinking wine and two men testified against him. One, called ‘Amr al- Tamimiy, was castrated and the other one was Mu‘alla’ ibn al- Jarud. One of them testified that he saw him drinking wine and the other said that he saw him throwing out wine. ‘Umar then sent for several people of the companions of the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, among whom one was ’Amir al-Mu’minin, Ali (a.s.). ‘Umar then asked, ‘What do you say, O abu al-Hassan? You are the one about whom the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, has said, “He is the most knowledgeable one in the nation and the one who judges with the truth all the time.” These have presented different testimonies.’ He (the Imam) said there is no difference in their testimonies, he could not have thrown out wine without drinking it.’ ‘Umar then asked about the testimony of a castrated man. He (the Imam) said, ‘His losing his beard is just like the loss of a certain part of his body.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Divorce three times in non-waiting period (without waiting period) if she is clean from Hayd (menses) counts as one, but if she is not clean of Hayd (menses) then it (divorce) does not have any valid effect.’”

“About the testimony of a slave abu ‘Abd Allah, Alayhi al-Salam, has said, ‘If he is a just man it is permissible. The first one who rejected the testimony of a slave was ‘Umar ibn al-Khattab. Once a slave was brought before him to testify and he said, ‘If I testify I fear for myself; if I hide, it is a sin for me before my Lord.’ He (‘Umar) then said, ‘Testify, but after you I will not allow any slave to testify.’”

I asked Imam abu ‘Abdallah (a.s.) about the meaning of the words of Allah: “We have made you (true Muslims) a moderate nation so that you could be (witness) an example for all people and the Prophet (a witness) an example for you. . .” (2:143) The Imam (a.s.) said, “We are the moderate nation and we bear witness to the activities of the people for Allah and we possess Divine authority on earth.” I then asked about the meaning following verse of the holy Quran: “. . the noble religion of your father, Abraham. God named you Muslims before and in this Book, so that the Messenger will witness (your actions). .” (22:78) The word ‘your father’ refers to us particularly we were called Muslims in the heavenly books that were sent before as well as this book. The messenger of Allah bears witness over us by means of teaching us the guidance of Allah and bear witness over the people. Those who would acknowledge our authority, on the Day of Judgment, we will acknowledge their faith and those who would reject our Divine authority, one the Day of Judgment, we will refuse to acknowledge their faith.”

“I once asked Abu ‘Abd Allah (a.s.), ‘Why in a murder case only two witnesses are required, and in the case of fornication four witnesses are required when murder is more serious than fornication?’ He (the Imam) said, ‘It is because murder is one act and fornication is two acts, for this reason less than four witnesses is not admissible; two against man and two against the woman.’” Certain one of our people have narrated from him (Abu Hanifa) that then he (the Imam) asked, ‘What is with you, O Abu Hanifa?’ I replied, ‘We have nothing about it except the Hadith of ‘Umar that says, ‘Allah has taken two words in the testimony against the people.’ He (the Imam) then said, ‘It is not as such, O Abu Hanifa, in fornication there are two penalties. It is not permissible for less than two to testify against one, two against the man and two against the woman; penalty is obligatory on both man and woman, when in murder it is applied to the killer only and the one murdered is defended.’”