Al-Kafi 13955

Translation

Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ibn Mahboub, from Abu Ayoub, from Muhammad Bin Muslim, Abu Ja’far^asws has said: ‘The one who brandishes the weapon in a city from the cities, so he injures, he would be retaliated due to it, and he would be exiled from that city. And the one who brandishes the weapon in another city and strikes and injures, and takes the property, and does not kill, so he is a combatant, and his recompense is the Recompense of the combatant, and his matter is up to the Imam^asws, if he^asws so desire to he^asws kills him, and if he^asws so desires to, he^asws crucifies him, and if he^asws so desires to, he^asws cuts his hand and his leg’. He^asws said: ‘And if he strikes and kills, and takes the property, so it is upon the Imam^asws that he^asws cuts his right hand due to the theft, then hands him over to the guardians of the murdered one, to puruse him for the property, then they kill him’. He (the narrator) said, ‘So Abu Ubeyda said, ‘May I be sacrificed for you^asws! What is your^asws view if he is forgiven by the guardians of the murdered one?’ So Abu Ja’far^asws said: ‘If they excuse him from it, so it is up to the Imam^asws that he^asws kills him, because he has waged war, and killed, and stolen’. He (the narrator) said, ‘So Abu Ubeyda said, ‘What is your^asws view if the guardians of the murdered one intend that the wergild (blood money) should be taken from it, and then leave him, is that for them (to do)?’ So he^asws said: ‘No. Upon him is the killing’.

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