Murders and punishments


 

 

I. The Murder of Husband

 

It has been reported by Asbagh bin Nabata that a woman had an illicit relation with a man  but she was married to another man. She, on the very first night of her marriage induced her lover to come stealthily into her private room. When her husband wanted to go to bed with her, her lover attacked him, but her husband did not only repulse the attack but also killed him in the fight which ensued thereafter. Seeing this the woman attacked her husband from behind and killed him. When the case was brought to Hazrat Ali (A), he gave the decision that the blood-money for the murder of the first man, that is, the lover of the woman should be paid by herself and she should be stoned to death for the murder of the second man, that is, her husband.

(Manaqib Shehr Aashob, vol. 2, p 200 Turaq-i-Hikmia p 50).

Allama Jazaeri of Lahore has added the following note to the above judgement:- “The great scholar Allama Syed Mohsin Aamli has said with regard to this Judgement that it has been reported in the same words as quoted above, but according to the religious law the compensation for the murder of the lover of the woman was not due from her, because he had come to the house of her husband, who killed him in his defence at his own will and on his own feet.”

What Allama Syed Mohsin has said may be correct, but the blood money was, as a matter of fact, due from the woman in question because it was she who had induced her lover to

enter her bed-room at the dark of night which was otherwise impossible, hence the above decision by Hazrat Ali (A). (Ref: Abu Turab, vol. 2, p. 54).

 

3. A Man Killed by his Step-Mother

 

It has been reported in Ajaaibul Ahkaam that the step-mother of a man  got him murdered with the help of several other men.

When the case of the above mentioned murder was brought to Hazrat Omar (RA) who was the then Caliph, he wondered  whether only one person was to be punished for that crime or all who were involved in it.

Hazrat Ali (A) who was present at that time in the court of Hazrat Omar (RA) asked him if several people had stolen a camel how many of them were to be punished by cutting their hands?

“I shall punish them all.”

“Similar is this case,” said Hazrat Ali (A)

(Kafi -Tehzib -Qaza and Teha, p. 84).

 

5. One Who is Saved by Allah

 

A man murdered the son of an Ansari. The father of the murdered boy caught hold of the murderer and brought him to Hazrat Omar (RA), who allowed the Ansari to kill the murderer by sword as his son was killed. The Ansari gave two strokes of his sword on the neck of the murderer and thinking him to be dead went away from the scene.

The relations of the murderer who wanted to take his corpse for burial found him still breathing. They took him to some surgeon who succeeded in saving his life with great efforts.

When the  Ansari saw him alive , he caught hold of him again and brought him to Hazrat Omar (RA).

Hazrat Omar (RA) ordered for his punishment again till he was dead.

Hazrat Ali (A) asked Hazrat Omar, (RA) “ Had you not ordered for his punishment to death once before ?.”

“Yes”, said Hazrat Omar, (RA) “but as he is still alive, he should be struck with sword again till he is dead.”

Hazrat Ali (A) said to Hazrat Omar (RA): why twice ?

The Ansari who struck him before with his sword twice was satisfied with it and had left him thinking him dead. He was punished as far the punishment under law was concerned. It would be a crime to punish him for the same crime again and again:”

Hazrat Omar (RA) was thinking over what Hazrat Ali (A) had said when the Ansari said to him:

‘Ya Ali! you are allowing the blood of my son to go in vain.

How? enquired Hazrat Ali (A)

“You are allowing the murderer to go away free before I have avenged the murder of my son.”

“Alright.”, said Hazrat Ali (A) let him strike your neck twice with his sword as you struck him before as penalty, then you strike him as many times with your sword as you like till he is dead.”

The Ansari hearing this became afraid of the result, forgave the man involved in the murder of his son and went away.

Thereafter, Hazrat Omar (RA) said to Hazrat Ali (A), All praise is for God  ‘O Abul Hasan! you are mercy personified from Ahlul Bait. Had not there been for Al,i Omar would have been ruined.

(Naskihut Tawarikh- Manaqib vol. 00, p I87).

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