Chapter on Legal Stratagems in Rulings

In the narration of Amr ibn Shimr, from Jafar ibn Ghalib al-Asadi, who reported: Two men were sitting during the time of Umar ibn al-Khattab when a man passed by them in chains. One of the men said: "If there is not such-and-such weight in his chains, then my wife is divorced three times." The other man said: "If there is such-and-such weight in his chains as you said, then my wife is divorced three times." They went to the owner of the chained slave and said: "We have sworn oaths regarding such-and-such, so release the chain of your slave so that we may weigh it." The owner of the slave said: "My wife will be divorced if I release the chain of my slave." So, they went to Umar and told him the story. Umar said: "The owner has more right over his slave. Go to Ali ibn Abi Talib - perhaps he has something regarding this matter." They went to Imam Ali ibn Abi Talib عليه السلام and told him the story. Imam عليه السلام said: "How simple this is!" Imam عليه السلام called for a large basin and ordered the chain to be tied with a string and placed in the basin. Then Imam عليه السلام put the man's feet and the chain into the basin and filled it with water until it was full. Then Imam عليه السلام said: "Lift the chain." When they lifted the chain out of the water, the water level dropped. Imam عليه السلام then called for pieces of iron and placed them into the water until the water level returned to its original position. Then Imam عليه السلام said: "Weigh these pieces of iron-they are equal in weight to the chain."

Ahmad ibn A'idh narrated from Abu Salamah, from Abu Abdillah عليه السلام, regarding two slave men who were authorized to buy and sell with the wealth of their masters. A dispute arose between them, and they fought. Each ran to the master of the other. They were equal in strength. One purchased the other from his master, and the other did the same, purchasing his opponent from his master. Then each of them grabbed the collar of the other, saying, "You are my slave; I have purchased you." Imam عليه السلام said: "They should be judged based on the point where they separated. The path should be measured, and whichever one was closer to his master, he is considered to have reached first and thus has precedence over the one farther away. But if both distances are equal, they are returned to their respective masters."

In the narration of Ibrahim ibn Muhammad al-Thaqafi: Two men entrusted a woman with a deposit and said to her, "Do not give it to either of us until we both come together to collect it." Then they left and were absent for a while. One of them came to her and said: "Give me my deposit, for my companion has died." She refused, but he repeatedly came to her until she finally gave it to him. Later, the other man came and said: "Give me my deposit." She replied: "Your companion took it and claimed that you had died." They brought their case before Umar, who said to her, "I see no way except that you are liable." The woman said: "Make Ali عليه السلام judge between me and him." So Umar said to Imam عليه السلام: "Judge between them." Imam Ali ibn Abi Talib عليه السلام said: "This deposit is still with her, and you both instructed her not to hand it over to either of you until you were both present. Bring your companion to me." Thus, Imam عليه السلام did not hold her liable. Then Imam Ali ibn Abi Talib عليه السلام said: "They only intended to deceive the woman and take her wealth."

Asim ibn Humayd narrated from Muhammad ibn Qays, from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, who said: During the time of Imam Ali ibn Abi Talib عليه السلام, a man had two female slaves, and both gave birth on the same night-one to a son and the other to a daughter. The mother of the daughter took her child and placed her in the cradle that contained the son, and she took the son for herself. The mother of the daughter claimed, "The son is mine," and the mother of the son also said: "The son is mine." They brought their case before Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام. Imam عليه السلام ordered that their milk be weighed and said: "Whichever of the two has the heavier milk, the son belongs to her."

Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام said: A man struck another man on the head during the time of Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام. The injured man claimed that he could no longer see with his eyes, could not smell any fragrance, and had lost his speech, becoming mute. Commander of the Faithful عليه السلام said: "If he is truthful, then he is entitled to three blood-money compensations." It was asked: "O Commander of the Faithful, how can it be verified whether he is truthful?" Imam عليه السلام replied: "As for what he claims about his eyes, that he cannot see, it can be verified by asking him to look up at the sun. If he is healthy, he will be unable to stop himself from closing his eyes, but if he is truthful and cannot see, his eyes will remain open. As for his claim about his nose, that he cannot smell, it can be verified by bringing something pungent close to his nose. If he is healthy, the smell will reach his brain, his eyes will water, and he will turn his head away. As for his claim about his tongue, that he is mute and cannot speak, it can be verified by pricking his tongue with a needle. If he is able to speak, the blood will flow red, but if he is mute, the blood will flow black."

Sad ibn Tarif narrated from Al-Asbagh ibn Nubatah who said: A woman was brought before Umar ibn al-Khattab, and witnesses testified against her that she had committed adultery. Her story was that she was an orphan raised in the house of a man who had a wife. The man would frequently be away from home. The orphan grew up to be beautiful, and the man's wife feared that her husband might marry the orphan upon his return. So, the wife called some women from her neighborhood, restrained the orphan, and violated her with her finger. When the husband returned, his wife accused the orphan of indecency and brought forth witnesses from her neighbors to support her claim. The case was presented to Umar ibn al-Khattab, but he did not know how to judge it. He said to the man, "Take her to Ali ibn Abi Talib عليه السلام." They came to Imam Ali ibn Abi Talib عليه السلام and told him the story. Imam عليه السلام said to the man's wife: "Do you have witnesses?" She replied: "Yes, these are my neighbors who testify to what I say." Imam Ali ibn Abi Talib عليه السلام then drew his sword from its sheath and placed it in front of him. Imam عليه السلام ordered each witness to be taken into a separate room. Then Imam عليه السلام called the man's wife and interrogated her from every angle, but she insisted on her accusation. Imam عليه السلام sent her back to the room and then summoned one of the witnesses. Imam عليه السلام knelt before her and said: "Do you know who I am? I am Ali ibn Abi Talib, and this is my sword. The man's wife has confessed and returned to the truth. I have granted her safety. Now, speak the truth, or I will fill this sword with your blood." The woman then turned to Imam Ali ibn Abi Talib عليه السلام and said: "O Commander of the Faithful, I seek safety in exchange for speaking the truth." Imam Ali ibn Abi Talib عليه السلام said to her: "Speak the truth." She said: "No, by Allah سبحانه وتعالى, the orphan did not commit adultery. However, the man's wife, when she saw her beauty, charm, and appearance, feared that her husband might be attracted to her. So she gave her intoxicants to drink, called us, and we restrained her. Then, she violated her with her finger." Imam Ali ibn Abi Talib عليه السلام said: "Allah سبحانه وتعالى is the Greatest! Allah سبحانه وتعالى is the Greatest! I am the first to separate witnesses, except for (Prophet) Daniel عليه السلام." Then Imam Ali ibn Abi Talib عليه السلام sentenced the man's wife to the punishment for false accusation and obligated her and those who assisted her in violating the orphan girl to pay her a dowry of four hundred dirhams. Imam عليه السلام also separated the woman from her husband and married the orphan girl to him, paying her dowry from the husband's wealth. Upon witnessing this judgment, Umar ibn al-Khattab said: "Tell us, O Abu al-Hasan, about the story of Prophet Daniel عليه السلام." Imam Ali ibn Abi Talib عليه السلام said: "Daniel was a young orphan who had neither father nor mother. An elderly woman from the Children of Israel took him in and raised him. There was a king among the Children of Israel who had two judges. The king had a pious and righteous friend who had a beautiful wife. This man used to visit the king and speak with him. One day, the king needed to send someone on a mission, so he said to the two judges, 'Choose for me a man whom I can send on this task.' They said: 'Send this man (the pious friend).' So, the king sent him." The man said to the two judges, "I entrust my wife to your care and advise you to treat her well." They replied: "Yes." After the man left, the two judges began visiting the house of the pious man and fell in love with his wife. They tried to seduce her, but she refused. They said to her, "If you do not yield to us, we will testify against you before the king that you have committed adultery, and you will be stoned." She replied: "Do as you wish." So, they went to the king and testified against her, claiming that she had committed adultery. The woman was well-known for her piety and virtue, and the matter deeply troubled the king, for he admired her. The king said to them, "Your testimony is accepted, but delay her punishment for three days, and then stone her." He then announced throughout his city, "Attend the execution of so-and-so, the devout woman, for she has committed adultery, as testified by the two judges." The people began talking about the matter extensively. The king asked his minister, "Do you have any solution to this situation?" The minister replied: "No, by Allah سبحانه وتعالى, I have no solution for this matter." On the third day, the minister went out, as it was the last day for the woman. Along the way, he saw a group of naked boys playing, and among them was Daniel. Daniel said: "O children, come here! Let me be the king, and you, so-and-so, be the devout woman. Let these two boys be the judges who testified against her." He gathered some dirt and made a sword out of reeds. Then he said to the children, "Take this one and place him in one spot, and take the other and place him in another spot." The minister was watching all of this. Then Daniel called one of the boys who was acting as a judge and said to him, "Speak the truth, for if you do not speak the truth, I will kill you." The boy said: "Yes," while the minister listened attentively. Daniel then asked him, "What do you testify against this woman?" The boy replied: "I testify that she committed adultery." Daniel asked: "On what day?" The boy said: "On such-and-such a day." Daniel asked: "At what time?" The boy replied: "At such-and-such a time." Daniel asked: "In what place?" The boy said: "In such-and-such a place." Daniel asked: "With whom?" The boy said: "With so-and-so, the son of so-and-so." Then Daniel said: "Return this one to his place and bring the other one." They returned the first boy and brought the second one. Daniel questioned him about the same details, but his answers contradicted those of the first boy. At this, Daniel said: "Allah سبحانه وتعالى is the Greatest! Allah سبحانه وتعالى is the Greatest! They have testified falsely against her." He then called out to the children, "The two judges have testified falsely against this woman. Come and witness their execution." The minister rushed to the king and informed him of what had happened. The king sent for the two judges, brought them in, and separated them. He questioned them just as Daniel had questioned the boys, and they contradicted each other, just as the boys had. The king then announced their guilt to the people and ordered their execution."

Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام said: During the time of Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام, a man was found slaughtered in a deserted place. Nearby, there was another man holding a knife covered in blood. He was arrested and brought before Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام. The man confessed, saying that he had killed the victim. However, another man approached and said to them, "Release him, for I am the one who killed your companion." He too was arrested and brought along with the first man before Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام. When they presented their case, Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام asked the first man: "What made you confess?" He replied: "O Commander of the Faithful, I am a butcher. I had slaughtered a sheep near the deserted place, and I urgently needed to relieve myself. So, I entered the deserted place with a knife in my hand, stained with blood. These people saw me, accused me of killing their companion, and arrested me. I thought that denying it would be of no use, since there was a man slaughtered and I was holding a bloodied knife, so I confessed." Then Commander of the Faithful Imam Ali عليه السلام asked the second man: "What do you say?" He replied: "I am the one who killed him, O Commander of the Faithful." Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام said: "Take them to my son, Imam Hasan ibn Ali عليه السلام, so he may judge between you." They went to Imam Hasan ibn Ali عليه السلام and presented the case. Imam Hasan ibn Ali عليه السلام said: "As for this one, if he has killed a man, he has also given life to this one (the butcher). And Allah سبحانه وتعالى, the Mighty and Majestic, says: 'And whoever saves a life, it is as though he has saved all of mankind.' (Surah Al-Ma'idah 5:32) There is no punishment upon either of them, and the blood money should be paid from the public treasury to the heirs of the deceased."

Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام said: During the time of Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام, a man passed away, leaving behind a son and a slave. Each of them claimed to be the son and accused the other of being the slave. They brought their case before Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام for judgment. Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام ordered that two holes be made in the wall of the mosque. Then he instructed each of them to place his head into one of the holes, and they did so. Imam عليه السلام said: "O Qanbar, unsheathe the sword." Then Imam عليه السلام secretly told Qanbar not to carry out what he was about to command. Commander of the Faithful عليه السلام said: "Strike the neck of the slave!" Hearing this, one of the men quickly pulled his head out of the hole. Commander of the Faithful عليه السلام then took hold of him and said to the other, 'You are the son, and I have now freed this one and made him your freed servant (mawla).'"

Amr ibn Thabit narrated from his father, from Sad ibn Tarif, from Al-Asbagh ibn Nubatah, who said: A woman was brought before Umar ibn al-Khattab. She had married an old man who died while lying on top of her after consummating the marriage. Later, she gave birth to a child. The old man's sons accused her of adultery and testified against her. Umar ordered that she be stoned. As they were leading her away, they passed by Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام. She called out: "O cousin of the Messenger of Allah سبحانه وتعالى! I am wronged, and this is my evidence." Imam عليه السلام said: "Present your evidence." She handed him a letter, and Imam عليه السلام read it. Then Imam عليه السلام said: "This woman is informing you of the date of her marriage, the date of consummation, and how it occurred. Return the woman." The next day, Imam Ali ibn Abi Talib عليه السلام summoned some children who were of the same age as the woman's child and told them to play. They played until they became distracted. Then Imam عليه السلام called out to them suddenly, and they all stood up, including the woman's child, who stood leaning on both his palms for support. Imam Ali ibn Abi Talib عليه السلام called the child forward, confirmed his paternity, and ruled that he inherit from his father. He then ordered the brothers, who had falsely accused the woman, to be lashed one by one as the punishment for false accusation. Umar asked Imam Ali ibn Abi Talib عليه السلام: "How did you reach this judgment?" Imam عليه السلام replied: "I recognized the frailty of the old man from the way the child leaned on his palms to stand up."

Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام said: Imam Ali ibn Abi Talib عليه السلام entered the mosque, and a young man approached him, crying, while a group of people around him tried to silence him. Imam Ali ibn Abi Talib عليه السلام asked: "What makes you cry?" The young man said: "O Commander of the Faithful, Shurayh judged against me in a case, and I do not understand it. These men went on a journey with my father, but they returned without him. When I asked them about him, they said he had died. Then I asked them about his wealth, and they said he left no wealth. I brought them before Shurayh, and he made them swear an oath. But I know, O Commander of the Faithful, that my father left with a great amount of wealth." So Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام said to them: "Return." Imam عليه السلام gathered all of them, including the young man, and took them back to Shurayh. Then Imam عليه السلام said to him: "O Shurayh, how did you judge between these people?" Shurayh said: "O Commander of the Faithful, this young man claimed that these men went on a journey with his father, but they returned while his father did not. He asked them about his father, and they said he had died. Then he asked them about his father's wealth, and they said he left nothing. I asked the young man if he had any evidence for his claim, but he said no. So, I made them swear an oath, and then I ruled in their favor." Imam Ali ibn Abi Talib عليه السلام said: "O Shurayh, how could you judge in such a case like this?" Shurayh asked: "How should it be judged, O Commander of the Faithful?" Imam Ali ibn Abi Talib عليه السلام said: "O Shurayh, by Allah سبحانه وتعالى, I will issue a ruling in this matter that no one before me has ruled except Prophet Dawud عليه السلام." Imam عليه السلام then said: "O Qanbar, call for the guards of the Thursday patrol." Then Commander of the Faithful Imam Ali ibn Abi Talib عليه السلام summoned the guards, assigning one guard to each of the accused men. Imam عليه السلام looked at their faces and said: "What do you say? Do you think that I do not know what you have done to the father of this young man? If so, then I would indeed be ignorant." Imam عليه السلام then said: "Separate them and cover their heads." They were separated and each was placed by one of the pillars of the mosque with their heads covered by their garments. Then Imam عليه السلام called for Ubaydullah ibn Abi Rafi, his scribe, and said: "Bring me a scroll and an inkwell." Imam Ali ibn Abi Talib عليه السلام sat in the seat of judgment, and the people gathered around him. Imam عليه السلام said: "When I say 'Allahu Akbar,' then you all say 'Allahu Akbar.'" Then Commander of the Faithful عليه السلام said to the people: "Make space." Imam عليه السلام called one of the accused, seated him in front of him, uncovered his face, and said to Ubaydullah: "Write down his confession and what he says." Imam عليه السلام then began questioning him, saying: "On what day did you leave your homes, with the father of this young man accompanying you?" The man replied: "On such-and-such a day." He عليه السلام asked: "In which month?" The man replied: "In such-and-such a month." He عليه السلام asked: "To what point in your journey had you reached when the father of this young man died?" The man replied: "To such-and-such a place." He عليه السلام asked: "In which dwelling?" The man replied: "In the dwelling of so-and-so, the son of so-and-so." He عليه السلام asked: "What illness did he suffer from?" The man replied: "Such-and-such illness." He عليه السلام asked: "For how many days was he ill?" The man replied: "For such-and-such days." He عليه السلام asked: "Who was taking care of him? On what day did he die? Who washed his body? Where was he washed? Who shrouded him? In what was he shrouded? Who prayed over him? And who lowered him into his grave?" When Commander of the Faithful عليه السلام finished questioning the first man about all the details he wanted, Imam عليه السلام said "Allahu Akbar," and the people echoed "Allahu Akbar" with him. This caused the remaining men to become anxious, as they were certain that their companion had confessed and implicated them. Then Commander of the Faithful عليه السلام ordered that the first man's head be covered and that he be taken to prison. He then called for the second man, seated him before him, uncovered his face, and said: "You thought that I would not know what you have done?" The man replied: "O Commander of the Faithful, I am just one of the group, and I was unwilling to kill him." Thus, he confessed. One by one, Imam Ali ibn Abi Talib عليه السلام called the others, and each of them confessed to the killing and taking of the wealth. Then Imam عليه السلام summoned the first man, who had been sent to prison, and he too confessed. Commander of the Faithful عليه السلام obligated them to pay the blood money and return the stolen wealth. Shurayh then asked: "O Commander of the Faithful عليه السلام, what was the judgment of Prophet Dawud عليه السلام?" Imam Ali ibn Abi Talib عليه السلام said: "Prophet Dawud عليه السلام once passed by a group of children who were playing and calling each other by names. One of them called out, 'Mat ad-Din' (Religion has died). Prophet Dawud عليه السلام summoned the child and asked: 'What is your name?' The child replied: 'My name is Mat ad-Din.' Dawud عليه السلام asked: 'Who gave you this name?' The child replied: 'My mother.' So Prophet Dawud عليه السلام went to the child's mother and asked: "O woman, what is the name of this son of yours?" She replied: "His name is Mat ad-Din (Religion has died)." He asked: "Who named him with this name?" She said: "His father." He asked: "How did that happen?" She said: "His father went on a journey with a group of people while I was pregnant with this child. The group returned, but my husband did not. I asked them about him, and they said he had died. I asked: 'What wealth did he leave behind?' They said: 'He left no wealth.' I asked: 'Did he leave any will?' They said: 'Yes. He said that you are pregnant, and whatever child you bear, whether male or female, name it Mat ad-Din.'" So I named him as instructed." Dawud عليه السلام then asked her, "Do you know the people who went on the journey with your husband?" She said: "Yes." He asked: "Are they alive or dead?" She replied: "They are alive." He said: "Take me to them." He went with her, brought the group from their homes, and judged between them with the same ruling as Commander of the Faithful عليه السلام. He held them accountable for the wealth and the blood. Then he said to the woman, "Name this son of yours Ash ad-Din (Religion has lived).'" Later, the young man and the group disputed over the exact amount of wealth the father had left. So Imam Ali ibn Abi Talib عليه السلام took his ring, gathered several other rings, and said: "Draw lots with these rings. Whichever of you draws my ring is truthful in his claim, for it is the lot of Allah سبحانه وتعالى, the Mighty and Majestic, and it never fails."

Imam Ali ibn Abi Talib عليه السلام judged in the case of a woman who came to him and said: "My husband has had relations with my bondwoman without my permission." Imam عليه السلام said to the man: "What do you say?" The man replied: "I did not approach her except with her permission." Imam Ali ibn Abi Talib عليه السلام said: "If you are truthful, we will stone him. But if you are lying, we will administer the prescribed punishment (lashes) on you." At that moment, the call for prayer was made, and Imam Ali ibn Abi Talib عليه السلام stood up to pray. While Imam عليه السلام prayed, the woman reflected and saw no benefit in having her husband stoned, nor in facing the punishment herself. She left and did not return, and Commander of the Faithful عليه السلام did not inquire about her afterward.

Imam Ali ibn Abi Talib عليه السلام judged in the case of a man who was brought by two others who said: "This man has stolen a coat of armor." The accused pleaded with Imam Ali ibn Abi Talib عليه السلام to examine the evidence carefully and said: "By Allah سبحانه وتعالى, if the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) were here, he would never cut off my hand." Imam Ali ibn Abi Talib عليه السلام asked: "Why?" The man replied: "Because my Lord عز وجل, the Almighty, would have informed him of my innocence, and He صلى الله عليه وعلى آله وسلم would have declared me innocent based on that knowledge." When Imam Ali ibn Abi Talib عليه السلام saw how the man pleaded, Imam عليه السلام called the two witnesses and said to them: "Fear Allah سبحانه وتعالى, and do not have this man's hand cut off unjustly." Imam عليه السلام continued to appeal to them and then said: "Let one of you cut off his hand while the other holds it." As they prepared to execute the sentence, they stirred the people, causing a commotion in the crowd. In the chaos, they released the accused man and fled, blending into the crowd. The accused man then returned and said: "O Commander of the Faithful, these two men testified against me falsely. When the crowd was stirred, they released me and fled. If they were truthful, they would neither have fled nor let me go." Imam Ali ibn Abi Talib عليه السلام said: "Who can lead me to these two witnesses so that I may punish them?"