Al-Kafi 13910

Translation

A number of our companions, from Ahmad Bin Muhammad Bin Khalid, from Usman Bin Isa, from Sama’at who said, ‘Amir Al-Momineen^asws used to whip the free, and the slave, and the Jew, and the Christian, regarding the wine and the intoxicant <span class="iTxt">Al-Nabeez</span>, eighty (lashes). So it was said, ‘What is the matter (with whipping) the Jew and the Christian?’ He^asws said: ‘When they (openly) display that in a city from the cities, because it is not for them that they should be displaying (openly drinking)’<a id="_ftnref849"></a>^[849]. Muhammad Bin Yahya, from Muhammad Bin Ahmad, from Ja’far Bin Rizqallah or a man from Ja’far Bin Rizqallah who said, ‘A Christian man who had been immoral with a Muslim woman, was brought before Al-Mutawakkal (the Caliph). So he wanted to establish the Penalty (<span class="iTxt">Hadd</span>) upon him, but he became a Muslim. So Yahya Bin Aksam said, ‘His belief (has now) demolished his Polytheism and his deed’. And some of them said, ‘Whip him with three Penalties’, and some of them said, ‘Do with him such and such’. So Al-Mutawakkal instructed for a letter (to be written to) Abu Al-Hassan^asws the 3^rd and ask him^asws about that. So when he^asws read the letter, he^asws wrote: ‘Whip him until he dies’. But, Yahya Bin Aksam disagreed, and the jurists of Al-Askar disagreed with that, and they said, ‘O commander of the faithful! Ask about this, for it is a thing which the Book (Quran) does not Speak of and a Sunnah has not come with it’. So the jurists of the Muslims who had disagreed this wrote saying, ‘A Sunnah has not come with it, and the Book (Quran) does not speak of it. Therefore, explain for us why is the whipping until death Obligated upon him?’ So he^asws wrote: ‘In the Name of Allah^azwj the Beneficent, the Merciful. <span class="ibTxt"><a href="/#/books/quran:40#h84"><a href="/books/quran:40#h84">[40:84]</a></a> But when they saw Our Punishment, they said: We believe in Allah alone and we deny what we used to associate with Him <a href="/#/books/quran:40#h85"><a href="/books/quran:40#h85">[40:85]</a></a> But their belief was not going to profit them when they had seen Our Punishment; (this is) Allah’s Way, which has been excluded regarding His servants, and there the unbelievers are in loss</span>’. He (the narrator) said, ‘So Al-Mutawakkil ordered by it, and he was whipped until he died’.

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