Al-Kafi 13150

Translation

Ali Bin Ibrahim, from his father and Muhammad Bin Ismail, from Al Fazal Bin Shazaan and Abu Ali Al Ashary, from Muhammad Bin Abdul Jabbar, from Safwan and Ibn Abu Umeyr, from Abdul Rahman Bin Al Hajjaj who said, ‘Abu Abdullah^asws asked me: ‘Did Ibn Abu Layli and Ibn Shabrama differ?’ So I said, ‘It reached me that the master of Isa Bin Musa died and left a lot of debts upon him, and left slaves whose value encompassed his debt. So he freed them during the death. Isa Bin Musa asked both of them about that, so Ibn Shabrama said, ‘I view that they should be made to work with regards to their own prices, and these should be handed over to the creditors, for he had freed them during his death’. And Ibn Abu Layli said, ‘I view that they should be sold and their prices should be handed over to the creditors, for it was not for him to emancipate them during his death, and upon him was debt which encompassed with them, and today the people of Al-Hijaz, if the man emancipates his slave and upon him is a lot of debt, so his emancipation is not allowed if there was a lot of debt upon him’. So Ibn Shabrama raised his hands towards the sky and said, ‘Glory be to Allah^azwj, O Ibn Abu Layli! When did I say these words? By Allah^azwj! I have not said it, except that you are seeking to go against me’. So Abu Abdullah^asws said: ‘So which of the two opinions was implemented?’ I said, ‘It reached me that he took with the opinion of Ibn Abu Layli, and for him there was a desire in that. So he sold them and paid off his debts’. He^asws said: ‘So which of the two opinions are you accepting with?’ I said to him^asws, ‘With Ibn Shabrama, and Ibn Abu Layli had returned to the opinion of Ibn Shabrama after that’. So he^asws said: ‘By Allah^azwj! The truth is in that which Ibn Abu Layli said, even though he retracted from it (afterwards)’. So I said to him^asws, ‘This breaks what is with them regarding the analogy’. So he^asws said: ‘Come, analogise for me^asws’. I said, ‘I analogise for you^asws?’ So he^asws said: ‘In order for you to be saying what is stronger what is included in it from the analogy’. So I said to him^asws, ‘A man left a slave and did not leave wealth other than him, and the value of the slave is six hundred Dirhams, and his debt is of five hundred Dirhams. So he emancipates him during the death, how should one deal with it?’ He^asws said: ‘Sell the slave, so the creditors would have five hundred Dirhams, and the inheritors would take a hundred Dirhams’. So I said, ‘Is it not that what has remained from the value of the slave is one hundred Dirhams, from his debt?’ So he^asws said: ‘Yes’. I said, ‘Is not a third for the man to do with whatever he so desires to?’ He^asws said: ‘Yes’. I said, ‘Is it not that he bequeathed to the slave with a third from the one hundred when he emancipated him?’ So he^asws said: ‘The slave, there is no bequest for him. But rather, his wealth is for his guardians (heirs)’. So I said to him^asws, ‘So if the value of the slave was six hundred Dirhams, and his debt was of four hundred Dirhams?’ He^asws said: ‘Similar to that, the slave is sold, so the creditors would take four hundred Dirhams, and the inheritors would take two hundred. So there would not be anything for the slave’. So I said to him^asws, ‘So if the value of the servant is six hundred Dirhams, and his debt is three hundred Dirhams?’ So he^asws smiled and said: ‘From over here your companions derived, so they made (all) the things as one thing, and did not act in accordance to the Sunnah, when they equalised the wealth of the creditors with the wealth of the inheritors, or if the wealth of the inheritors is more than the wealth of the creditors, the man would not be accused over his bequest, and his bequest would be allowed upon its aspect. So now this pauses, so half of it would be for the creditors, and a third for the inheritors, and a sixth for him (deceased)’.

Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.