Al-Kafi 13443

Translation

Ali Bin Ibrahim, from his father and Muhammad Bin Ismail, from Al Fazal Bin Shazaan, altogether from Ibn Abu Umeyr, from Abdul Rahman Bin Al Hajjaj, (It has been narrated) from Abu Abdullah^asws, said, ‘He^asws asked me: ‘Has Ibn Abu Layli ever judged with a judgement, then retracted from it?’ So I said to him^asws, ‘It has reached me that he judged with regards to the chattels (possessions) of the man and the woman, when one of the two had died, so the inheritors of the alive and the inheritors of the deceased claimed it, or the man divorced her, so the man claimed it and the women claimed it. He judged with four judgements’. So he^asws said: ‘And what was that?’ So I said, ‘As for the first one of these, so he judged in it by the worlds of Ibrahim Al-Nakhai’e who had made the possessions of the woman which were not correct for the men, to be for the women, and the chattels of the man which were not correct for the women, to be for the men, and whatever was for the men and the women, (to be divided) between the two of them in two halves. Then it reached me that he said, ‘They are both together claimants, so that which is their hands entirely, (to be divided) between the two of them by two halves’. Then he said, ‘The man is the owner of the house, and the woman is the coming upon him as an outsider, and she is the claimant, so the chattels, all of them are for the man except for the chattels of the woman which cannot happen to be for the men, so these are for the woman’. Then he judged after that with such a judgement, had I not witnessed it, I would not have referred it to him. A woman from us died, and for her was her husband, and she left chattels. So we raised the matter to him, so he said, ‘Write down the (list of) chattels’. So when he read it, he said to the husband, ‘This which happens to be for the man and the woman, so we make it to be for the woman, except for the scale, for it is from a chattels of the man, so it is for you’. So he^asws said to me: ‘So upon which thing is he on today?’ I said, ‘He has reverted to what was said by the words of Ibrahim Al-Nakhai’e that the house is to be made to be for the man’. Then I asked him^asws about that, so I said to him^asws, ‘What are you^asws saying with regards to it?’ So he^asws said: ‘The words which you informed me^asws that you witnessed it, even though he had reverted from it’. So I said, ‘The chattels (possessons) happen to be for the woman?’ So he^asws said, ‘What is your view that if she had to establish proof, how much would she need to?’ So I said, ‘Two witnesses’. So he^asws said: ‘If you were to ask the ones between the two mountains, and we are today at Makkah, they would tell you that the baggage and the chattels which were gifted openly from the house of the woman to the house of her husband, so these are which she came with, and if he were to claim, so if he claims that he has renewed any of these, so it is upon him to establish the proof’.

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