An old man married a woman and died on the very first night of his marriage with her. The woman who had become pregnant, gave birth to a male child. The sons and daughters of the old man from his first wife accused their step mother of adultery and dragged her to the court of Hazrat Omar (RA). He heard the case and ordered that the woman should be punished for the crime of adultery and stoned to death.
By chance Hazrat Ali (A) happened to pass by the place where she was being stoned. When he heard of the case, he went to Hazrat Omar (RA) and desired that the case should be reopened and heard again in his presence. Hazrat Omar (RA) gave permission therefore Hazrat Ali (A) then asked Hazrat Omar (RA) as to whether he had taken the statement of the woman regarding the date of the marriage, the time of their remaining together as man and wife and the date and time of her husband’s death.
Hazrat Omar (RA)informed Hazrat Ali (A) that he had put all these questions to the woman and recorded her statement in all respects. Thereafter, Hazrat Ali (A) sought permission of Hazrat Omar, (RA) who was the Caliph then, to order the woman to present in the court of theCaliph, the child whom she claimed to be the old man’s son born by her. Hazrat Omar (RA) ordered therefor and the child was brought before him Hazrat Ali (A) sent the child to go and play with some other children who were playing nearby. Then he said to Hazrat Omar (RA):
“Let us also go and see him play.”
Hazrat Omar (RA) followed Hazrat Ali (A) to the place with other people present in the court. When all of them had arrived, Hazrat Ali (A) asked all the children to sit down. The children sat down, the child in question also being among them. Then, Hazrat Ali (A) asked them to stand up. The children did accordingly and all of them stood up all at once, except the child in question who also stood up, but not before the support of his hands by putting them on the ground. Seeing this Hazrat Ali (A) said to Hazrat Omar (RA): “Did you observe how the child stood up? Is it not the clear proof of the fact that the child is not an illegitimate one. His weakness is sufficient proof that he is son of the dead old man.” Hazrat Omar (RA) appreciated the wisdom of Hazrat Ali(A) and acquitted the woman honourably. He also ordered for the punishment of the sons and daughters of the old man from his first wife for false accusation as was advised by Hazrat Ali (A).
(Kafi; Ajaibul Ahkam ; Manaqib: vol. 2, p. 90)
Allama Jazairi in his Urdu translation (Abu Turab vol. II, p. 252) adds:
I” Apparently Hazrat Ali (A) had decided the case with the help of his natural instinct and his particular innersight which guided him to reach the conclusion that the child was the old man’s son. Therefore, this case should not be cited as an in- stance in similar cases now.”
2. The Effect of Blood
Once a lad appeared in the court of Hazrat Omar (RA) and preferred a claim that his father had died in another city and his movable and immovable property may be transferred in his name.
As the lad had no evidence to support his claim Hazrat Omar (RA) turned him out.
While going back he met Hazrat Ali (A), and related his story to him. Hazrat Ali (A) asked te lad to accompany him to the court of Hazrat Omar, (RA) who was the Caliph then.
Reaching there Hazrat Ali (A) advised Hazrat Omar (RA) to reopen the case which the latter did. Satisfied with this, Hazrat Ali (A) asked the lad to inform him of the place where his father was burried.
When he was informed of the place, he requested Hazrat Omar (RA) to accompany him to that place together with the lad and a group of people. Reaching there Hazrat Ali (A) got the corpse of the lad’s father exhumed, took out one rib and asked the boy to smell it. No sooner the boy smelt the bone his nose started bleeding.
Hazrat Ali (A) told Hazrat Omar (RA) that the statement of the boy was correct and that the property of the deceased should be transferred in his name.
Hazrat Omar (RA) asked him with some surprise: “Should I do it in view of the mere fact that the boy’s nose started bleeding by smelling the dead man’s bone”? Hazrat Ali (A) said: “Wait a bit.” He then asked several other persons to smell the bone, but no one’s nose bled at all.
He then asked the boy again to smell the bone. When he did this his nose started bleeding again.
Hazrat Ali (A) then turned to Hazrat Omar(RA) and said:
“Do you see? This boy is actually the son of the dead man. Otherwise his
nose also would not bleed as others’ did not. By God I never told a lie as Allah who gave me this knowledge did not.”
(Manaqib Shehr Ashob vol. 2, p. 182 through Abu Turab: vol. 2, p. 253). 3. Hashmia And Ansaria
A man had two wives, a Hashmia and an Ansaria. He divorced the Ansaria and died thereafter.
After some time the Ansaria came to Hazrat Osman (RA) and preferring her claim said:
“I have complied with all the restrictions placed on me by religion for the duration of probation time. I, therefore have every right to claim my share in the property of the deceased.”
Hazrat Osman (RA) was at a loss to understand as to how he should decide the case to the satisfaction of all the people involved therein. Therefore, he referred the case to Hazrat Ali (A) for a righteous judgement.
Hazrat Ali called the Ansaria and asked her to tell him on oath that the time of her three m nses had not till then elapsed after the death of her deceased husband and get her claim satisfled.
At this Ha zratOsman(RA) asked the Hashmia ifsheagreed to the decision of .Hazrat Ali (A) who happened to be her cousin by blood. The Hashimite said:
“Let the Ansaria say on oath what Hazrat Ali (A) has asked her to say and then inherit her share in the property of the deceased as his widow.” As the Ansari women did not take the oath and the Hashmia inherited the
whole property of the deceased as her only widow.
(Boharij: vol. IX, p. 483; Manaqib Shehr A’shob: vol.II, p. 193; Nasikhut-Tawarikh: vol. 21, p. 737; Arjahul Matalib, p. 126, also Urdu Translation (Abu Turab, vol. 2, p. 255 55 by Allama Jazaeri).
4. A Child with Two Heads
I. Once a question was put to Hazrat Ali (A) about the inheritance of a child having two heads, two chests but only one back. Hazart Ali (A) replied:
Let him go to sleep and then call him by name his parents have given him. If one of them wakes up, take him to be only one, otherwise two and let him inherit accordingly.
(Biharul Anwar, vol. 9, p. 486; Turuq-i-Hikamiah by Ibn-iQaiyyim, p. 53; also Abu Turab vol. 2, by AllamaJazaeri).
2. Once a lad was brought to Hazrat Omar. (RA) The lad has had two heads, two mouths, four eyes, four hands, four feet and two separate organs for passing urine and stool. Hazrat Omar (RA) was requested to solve the problem of his inheritance. Being puzzled he called Hazrat Ali (A) and sought for his advice in the matter.
Hazrat Ali (A) said:
Let him go to sleep. If the two heads snore simultaneously, the inheritance would be equal to one man’s share, otherwise equal to two (two joined together) men’s share (*). He proved to be two joined together.
After some time when the twins grew up they wanted to marry.
Hazrat Ali (A) was called again by Hazrat Omar (RA) to solve the problem. He said:
“The Cohabitation of man and wife before a human eye other than of themselves is unnatural and against the will of God.”
Proceeding further he said: As they have now come of age and possess sexual feelings, they would soon die. And after a while it happened what was prophesied by the Holy Imam.
5. The Inheritance of a Mother and Her Child
After Jang-i-Jamal (the war of the Camel) Hazrat Ali (A) was passing by a place where he saw the corpse of a woman whose new born child, also dead, was lying near her. When asked about them he was told that the woman had aborted after seeing the
Army in action.
Hazrat Ali (A) asked the people of the vicinity as to Who died first the mother or the child. He was told that the child died first.
Hazrat Ali (A) ordered for penalty for both as follows ;(1) He divided the penalty for the child into three equal parts, kept one
part for the mother and gave two of them to the father of the child.
(2) He again divided the share of the mother of the child by two and handed over the dividend equally to her husband and her near relations. (3) He then divided the amount of penalty for the Woman also by two
and handed over the dividend again equally to the husband of the Woman and her near relatives as
Thus they were all compensated as commanded by Allah in the Holy Quran. The penalty was paid from Bait-ul-Mal (Public Exchequer) (Manaqib Shehr A’shob V 01. II, p. 194; Nasikhut Tawarikh Vol. III, p.
The Problems of Slaves and The Slave Girls
4. Full Punishment For a Slave
A slave falsely accused a free man. Hazrat Ali (A) awarded him full punishment fixed for the crime. When requested to explain as to why he was awarded full punishment in that case while in other cases such as drinking stealing and adultery a slave is awarded only half of the punishment fixed for those crimes?
The case was explained by Hazrat Ali (A) as follows:
“The other crimes you have just enumerated are the rights of Allah wherein He has given the rebate in question to the slaves and the slave-girls, but this case is the one wherein the rights of people are directly concerned. In such cases Allah does not want to interfere”
(Wasael;) vol. 21, chapter Qasaf (false accusation); Wafi, vol. II, p. 57). Kulaini (may peace be on him) has reported that a house had collapsed in Yeman and two children were picked up alive from the debris thereof. One of those children was free while the other one was a slave. When the casewas brought to Hazrat Ali (A) for a decision, he decided that case, too, by ballot. The child who was free succeeded in the balloting and the whole property was given to him. The child who was a slave was set free (Qaza, p. 133).
Rare Justice: Judgements, Decisions and Answers to Difficult Questions part 22