Al-Kafi 14412

Translation

Ali Bin Ibrahim, from Al Mukhtar Bin Muhammad Bin Al Mukhtar and Muhammad Bin Al Hassan, from Abdullah Bin Al Hassan Al Alawy, bothe together from Al Fatah Bin Yazeed Al Jarjany, (It has been narrated) from Abu Al-Hassan^asws regarding four who testified upon a man that he had committed adultery. So he was stoned. Then they retracted and said, ‘We had imagined’. (He^asws said): ‘They would be necessitated the (payment of) wergild. And if they say, ‘We were deliberate’, whichever of the four the guardian of the killed one so desires to kill, and the three would paid three quarters of the wergild to the guardians of the second one killed, and the three would be whipped eighty (lashes), each one from them, then the Imam^asws would kill them’. And he^asws said regarding two men who testified upon a man that he had stolen. So he (his hand) was cut. Then one of the two retracted and said, ‘I imagined it with regards to this, but it was someone else: ‘He would be necessitated (payment of) half the wergild of the hand, and his testimony with regards to the others would not be accepted. So if both of them were to retract and both say, ‘We imagined it, but so and so was the thief’, they would both be necessitated (payment of) the wergild of the hand and both their testimonies with regards to the others would not be acceptable. And if both say, ‘We were deliberate’, the hand of one of the two would be cut by the one whose hand was cut, but the one whose (hand) was not cut would pay a quarter of the wergild to the guardians of the one whose hand was cut. So if the first one (whose hand was) cut says, ‘I am not pleased until the hands of both of them are to be cut together, he has to return the wergild of one hand to be divided between the two of them, and he can cut (hands of) both of them’.

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