Chapter on the Ruling Regarding a Man Who Kills Two or More Men, and a Group That Gathers to Kill a Man

It is narrated from Amr ibn Abi Al-Miqdam who said: I was present at the Sacred House (Al-Bayt Al-Haram) when a man was calling out to Abu Jafar Al-Dawaniqi while he was performing ṭawaf (circumambulation) and said: "O' Commander of the Faithful! These two men came to my brother at night, took him out of his house, and he never returned to me. By Allah سبحانه وتعالى, I do not know what they did to him." Abu Jafar asked the two men: "What did you do to him?" They replied: "O' Commander of the Faithful! We only spoke to him, and then he returned to his house." Abu Jafar said to them: "Meet me tomorrow at this place at the time of the afternoon prayer (ṣalat Al-Aṣr)." The next day, they met him at the appointed time. Abu Jafar took hold of the hand of Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام and said: "O' Jafar عليه السلام, judge between them." Imam Jafar عليه السلام replied: "You judge between them." Abu Jafar insisted: "I swear by my right over you, you must judge between them." Imam Jafar ibn Muhammad Al-Sadiq عليه السلام then went out, and a prayer mat made of reeds was laid out for him. Imam عليه السلام sat upon it, and the disputants sat before him. Imam Jafar عليه السلام asked the claimant, "What do you say?" The man replied: "O' son of the Messenger of Allah سبحانه وتعالى! These two men came to my brother at night, took him out of his house, and by Allah سبحانه وتعالى, he never returned to me. By Allah سبحانه وتعالى, I do not know what they did to him." Imam Jafar عليه السلام then turned to the two men and said: "What do you both say?" The two men replied: "O' son of the Messenger of Allah سبحانه وتعالى! We only spoke to him, and then he returned to his home." Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "O' servant, write: 'In the name of Allah سبحانه وتعالى, the Most Merciful, Most Compassionate. The Messenger of Allah سبحانه وتعالى (peace and blessings be upon him and his family) said: 'Whoever comes to a man at night and takes him out of his home is responsible for him unless he brings evidence that he returned him to his house.'" Then Imam عليه السلام said: "O' servant, separate one of them and strike his neck." The man exclaimed: "O' son of the Messenger of Allah سبحانه وتعالى! I did not kill him, but I only held him, and this man came and struck him, killing him." Imam Jafar عليه السلام said: "I am the son of the Messenger of Allah سبحانه وتعالى. O' servant, separate this one and strike his neck for the other." The second man cried: "O' son of the Messenger of Allah سبحانه وتعالى! By Allah سبحانه وتعالى, I did not torture him; I killed him with a single strike." Imam Jafar ibn Muhammad Al-Sadiq عليه السلام ordered his brother to strike his neck. Then, Imam عليه السلام commanded that the first man be lashed on his sides and imprisoned. Imam عليه السلام wrote on his record: He shall be imprisoned for life and lashed fifty times every year.