Rare Justice: Judgements, Decisions and Answers to Difficult Questions part 14

Penalty to the Inheritors of a Murdered Man whose one Hand was already Cut

It has been reported by Kulaini who reported it from Imam Jafar Sadiq (A) and the latter reported it from ‘Kitab-i-Ali’ that a man murdered another man intentionally, but one hand of the murdered man was already cut either for penalty or by some one out of enmity.

Hazrat Ali (A) said that if the hand of the murdered man was cut for penalty he still stood responsible for it, but if it was cut down by some one out of enmity and as a mark of cruelty the inheritors of the murdered man should return the amount of penalty, if already received by him as penalty, to the inheritors of the murderer before murdering him. In the former case they may not pay any thing and murder the murderer for murdering their legator or alternatively they can receive full penalty in cash from the murderer for the murder.

A Case of Penalty with Regard to Drunkards

Four persons drank wine, quarrelled among themselves and stabbed one another with the result that two of them died on the spot and the two other who survived were wounded in the brawl. Hazrat Ali (A) ordered for eighty whips each to the wounded and also ordered them to pay the penalty to the inheritors of the deceased after deducting the penalty for their wounds. He also added that in case any of the wounded persons or both of them died then inheritors had nothing to pay to the inheritors of the murdered.

According to another report he said that the penalty was due from all the four tribes of the persons concerned. The amount of penalty which had to be paid to the wounded would however, be deducted from the total amount of penalty to be paid to the inheritors of the murdered because it was quite possible that they might have murdered each other, (Manaqib Sher Aashob: vol. 2,p.200 through Abu Turab: p. 227).

The Compensation with Regard to a Drowned Man

Six persons were once swimming in the Euphrates. One of them was drowned. Two of them came to Amir-ul-Momineen Hazrat Ali (A), and complained to him that the three other had drowned him, while they complained the two who had complained to him previously had themselves drowned him and were simply accusing them to save their own skin. Hazrat Ali (A) ordered that the total amount of the penalty should be shared equally by all the five of them and paid to the inheritors of the sixth man, who was drowned (Manaqib hehr Aashob: vol. 2, p. 200).

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