Chapter on Rare Cases of Legal Punishments

It has been narrated that a man brought another man to Commander of the Faithful عليه السلام and said: "O' Commander of the Faithful, this man claimed that he had a wet dream involving my mother." Commander of the Faithful عليه السلام replied: "A dream is like a shadow; if you wish, I will flog his shadow for you." Then Imam عليه السلام said: "However, I will punish him so that he does not repeat such actions and harm the Muslims."

It has been narrated that two boys approached Commander of the Faithful عليه السلام holding their wooden tablets and said: "O' Commander of the Faithful, judge between us." Commander of the Faithful عليه السلام replied: "Injustice in this matter is like injustice in legal rulings. Convey to your teacher on my behalf that if he strikes you more than three times, it will be taken as retribution against him on the Day of Judgment."

Safwan ibn Yahya narrated from Yunus from Abu Al-Hasan Al-Maḍi عليه السلام who said: "All those who commit major sins (kabaʾir), if the legal punishment (Hadd) is carried out on them twice, they are to be executed on the third offense."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "Whoever we strike with a legal punishment (hadd) from the punishments of Allah سبحانه وتعالى and he dies, there is no blood money (diyyah) upon us. But whoever we strike with a legal punishment from the rights of the people and he dies, then his blood money is upon us."

Al-Hasan ibn Mahbub narrated from Abdullah ibn Sinan from Abu Abdullah عليه السلام who said: A man came to the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) and said: "My mother does not resist the hand of one who touches her." The Prophet (peace be upon him and his family) said: "Then confine her." The man replied: "I have done that." The Prophet صلى الله عليه وعلى آله وسلم said: "Then prevent anyone from entering upon her." The man said: "I have done that." The Prophet صلى الله عليه وعلى آله وسلم then said: "Then restrain her, for you will not honor her with anything better than preventing her from violating the prohibitions of Allah سبحانه وتعالى, the Mighty and Majestic."

Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Durays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "The legal punishments (hudud) that are the rights of Allah سبحانه وتعالى, the Mighty and Majestic, cannot be pardoned except by the Imam. However, when it comes to the rights of people in a legal punishment, there is no harm if it is pardoned without the Imam's involvement."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام was asked about a man who said to a woman, "O' adulteress," and she replied: "You are more adulterous than me." Imam عليه السلام said: "She is subject to the legal punishment (hadd) for the accusation she made against him. However, regarding her self-admission, she is not to be punished unless she confesses to that before the Imam four times."

The Messenger of Allah سبحانه وتعالى (peace be upon him and his family) said: "It is not permissible for a ruler who believes in Allah سبحانه وتعالى and the Last Day to administer more than ten lashes except in the case of a legal punishment (hadd)."

In the narration of Ziyad ibn Marwan Al-Qandi from someone who reported from Abu Abdullah عليه السلام, he said: "The hand of a thief is not to be cut off during a year of famine for stealing anything edible, such as bread, meat, or cucumbers."

It was narrated from Adam ibn Ishaq from Abdullah ibn Muhammad Al-Jufi who said: I was with Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام when a letter from Hisham ibn Abd Al-Malik arrived regarding a man who had exhumed the grave of a woman, stolen her clothes, and committed intercourse with her. The people were divided on how to punish him: some said: "Kill him," while others said: "Burn him." Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام wrote back to him: "The sanctity of the deceased is like the sanctity of the living. His punishment is that his hand should be cut off for exhuming the grave and stealing the clothing, and the legal punishment for adultery is to be applied to him. If he was married (muhsan), he is to be stoned, and if he was not married, he is to be flogged one hundred lashes."

The Messenger of Allah سبحانه وتعالى (peace be upon him and his family) said: "Avert prescribed punishments through doubts. There is no intercession, no guarantee, and no oath in matters of prescribed punishments."

In the narration of Al-Sakuni from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, it is reported: "Imam Ali ibn Abi Talib عليه السلام was presented with a man who had consumed alcohol. Imam عليه السلام asked him to recite the Qur'an, and the man recited it. Then Imam Ali ibn Abi Talib عليه السلام took his cloak and threw it among the cloaks of the people and said to him, 'Retrieve your cloak.' When he could not distinguish it, Imam Ali ibn Abi Talib عليه السلام carried out the legal punishment on him."

Abu Ayyub narrated from Al-Halabi from Abu Abdullah عليه السلام who said: "In the book of Imam Ali ibn Abi Talib عليه السلام, it is mentioned that He عليه السلام would administer punishment using a whip, half a whip, or even a part of it - meaning in the legal punishments (hudud) when a young boy or girl, who had not yet reached maturity, was brought to him. Yet, He عليه السلام would not nullify any of Allah's سبحانه وتعالى prescribed punishments." Imam Al Sadiq عليه السلام was asked: "How would he strike with part of the whip?" Imam عليه السلام replied: "Imam Ali ibn Abi Talib عليه السلام would hold the whip by its middle and strike with it, or he would hold it by a third and strike with it, in proportion to their ages. In this way, he would strike them with the whip without nullifying any of Allah's سبحانه وتعالى prescribed punishments, the Mighty and Majestic."

Commander of the Faithful عليه السلام delivered a sermon to the people and said: "Indeed, Allah سبحانه وتعالى, the Blessed and Exalted, has set boundaries, so do not transgress them. He سبحانه وتعالى has made obligations, so do not neglect them. And He سبحانه وتعالى has remained silent on certain matters - not out of forgetfulness - so do not burden yourselves with them. This is a mercy from Allah سبحانه وتعالى for you, so accept it." Then Imam Ali ibn Abi Talib عليه السلام said: "What is lawful (halal) is clear, and what is unlawful (haram) is clear, and between them are doubtful matters. Whoever avoids what is doubtful regarding sin will be even more cautious in avoiding what is clearly sinful. The acts of disobedience are the sanctuary of Allah سبحانه وتعالى, the Mighty and Majestic. Whoever grazes near it is likely to fall into it."