Decision in the Case of a Cow and a Camel

Decision in the Case of a Cow and a Camel

A man catching hold of the opening of the shirt of another man came to Hazrat Omar, (RA) and told him that the other man’s cow had torn off the belly of the camel of the appellant which resulted in its death. Saying this he requested Hat Omar (RA) for ordering the accused to pay ‘full penalty of his camel to him. Hazrat Omar (RA) said :

“No penalty on the quadrupeds.”

Hearing this order Hazrat Ali (A) said to Hazrat Omar(RA) : “I have heard the Holy Prophet saying :

“No man can put another man to loss.” He then added :

“If the accused person had tied his cow on the way of the camel, he has to pay the penalty, otherwise not.”

On enquiry it was revealed that the owner of the cow had actually tied his cow on the way of the camel.

Hazrat Omar (RA) then ordered the accused to pay full penalty of the camel to his owner. (Qazaand Tehas: p. 80; Qaza p. 158; , Abu Turab’ (Urdu translation) vol. 2. by Allama Jazaeri, p. 244).

Finance-A Camel Shared by Three

A Camel Shared by Three

Three men shared a camel equally. One of them tied his forelegs and went away for some work. In the meantime, the other two returned to their place of stay and untied one leg aru

they also went away together. The camel in their absence, walked with one untied leg off the place where the first man had tied him and fell in a well and wounded himself by the fall. The two men returned again, saw the camel fallen in the well, got him out some-how or other, and butchered him and sold the meat for collecting some money in view of a little compensation for the loss.

When the first partner returned, he saw the skin of the camel. On enquiry, the two other partners told him what had happened. He took an objection to it, and rather complained against their untying the camel which resulted in the heavy loss to him.

He then took the case to Hazrat Ali (A), who ordered for payment of 1/3 of the actual price of the camel to him. When the cash which was collected by selling the meat of the camel was counted it was one third of the cost price of the camel.

This amount was paid in full to the first partner of the camel and the other two went away empty handed.

 

While they were about to leave, Hazrat Ali (A) told them that as they had not taken proper care for the safety of the camel and the safe-guard of their shares, whereas their first partner had by tying his two legs, hence their loss. (Manaqib, vol. 11, p. 201).

The Sign of Chastity in a Virgin

The Sign of Chastity in a Virgin

 

A man filed a suit against his wife in the court of Hazrat Ali (A) accusing her that she did not possess the sign of virginity.

Hazrat Ali (A) told the man that thin skin in the womb of a virgin, which is usually supposed to be the sign of her virginity some time bursts automatically in jumping and also during a play wherein jumpings is freely required and dismissed the case he had taken to his court against his wife. (Qaza-wa-Teeha, p. 165).

. Examination of Eye Sight, the Power of Talking and that of Smelling

Examination of Eye Sight, the Power of Talking and that of Smelling

 

It has been reported in the book Ajaibul Ahkam that a man was struck on the head of by another person with something hard. The man who was struck claimed that he had lost his eye sight as well as his power of talking and that of smelling as a result of that stroke.

Hazrat Ali (A) said if the man was correct, he deserved to receive penalty on all the three counts. When asked as to how was it possible to check that the claim of the man in question was correct, Hazrat Ali (A) said as follows:-

 

(i) “As regards his eye sight the man will be made to stand in the open and cast his eyes on the sun. In case he could and did not shut his eyes his claim of losing his eye sight would be correct.”

 

(ii) In the case of the power of smelling he would be made to inhale the smoke of a patch of burning cotton. If he does not make signs of feeling sensation in his nose and also does not shed tears by the effect thereof his claim of losing his power of smell would be deemed as intact.

 

(iii) In the case of power of talking the tip of his tongue would be pricked with a small needle. If the drop of blood which would come out of his tongue is red he would be deemed to possess power of talking and only as malingering there about. But if the drop of blood is black he would be deemed as correct in his claim. He also advised to examine all the dumbs in the same manner. (Wafi, Kafi and Turaqi Hakmia, p.49).

Medical Examination of an Eye

Medical Examination of an Eye

 

A man’s head was hit by some body also whereafter the man who was hit claimed that his eye sight had become weak thereby.

Hazrat Ali (A) examined his eye in the following way: He held an egg in his hand and asked the man to stand at some distance and say as to whether he could se the egg. When

the man in question replied in the affirmative he made the man to get back to a certain further distance and again to a little more. Hazrat Ali (A) repeated this action till after the man said he could not see the egg. He also repeated this action keeping the egg in the circumferance of a horizontal line and marking the target in each case. He then measured the various distances in each case and found all the distances 1.e., right and left and up and down and announced that the claim of the man was correct otherwise, he said, there must have been a difference in the various distances measured by him.

He then repeated this action in respect of another man, who had hit the first man in question whose eye sight had become deffective as a result of his hit, to pay him penalty according to the difference of his eye sight as compared with the man whose eye sight was normal. (Wasael, vol. 3, p. 405, Mustadrik, vol. 3, p. 285 through Abu Turab (Urdu) by Allama Jazaeri vol. 2, p. 308).