قَضَى أَمِيرُ الْمُؤْمِنِينَ ( صلوات الله عليه ) فِي وَلِيدَةٍ بَاعَهَا ابْنُ سَيِّدِهَا وَ أَبُوهُ غَائِبٌ فَاسْتَوْلَدَهَا الَّذِي اشْتَرَاهَا فَوَلَدَتْ مِنْهُ غُلَاماً ثُمَّ جَاءَ سَيِّدُهَا الْأَوَّلُ فَخَاصَمَ سَيِّدَهَا الْآخَرَ فَقَالَ وَلِيدَتِي بَاعَهَا ابْنِي بِغَيْرِ إِذْنِي فَقَالَ الْحُكْمُ أَنْ يَأْخُذَ وَلِيدَتَهُ وَ ابْنَهَا فَنَاشَدَهُ الَّذِي اشْتَرَاهَا فَقَالَ لَهُ خُذِ ابْنَهُ الَّذِي بَاعَكَ الْوَلِيدَةَ حَتَّى يَنْقُدَ لَكَ الْبَيْعَ فَلَمَّا أَخَذَهُ قَالَ لَهُ أَبُوهُ أَرْسِلْ ابْنِي قَالَ لَا وَ اللَّهِ لَا أُرْسِلُ إِلَيْكَ ابْنَكَ حَتَّى تُرْسِلَ ابْنِي فَلَمَّا رَأَى ذَلِكَ سَيِّدُ الْوَلِيدَةِ أَجَازَ بَيْعَ ابْنِهِ .
Translation
Ali Bin Ibrahim, from his father, from Ibn Abu Najran, from Aasim Bin Humeyd, from Muhammad Bin qays, (It has been narrated) from Abu Ja’far<sup>asws</sup> having said: ‘Amir Al-Momineen<sup>asws</sup> judged regarding a mother of a child who was sold by a son of her master, and his father was absent. So she gave birth for the one who had bought her, giving birth to a boy. Then her former master came over, so he disputed with her later master, saying, ‘The mother of my son was sold by my son without my permission’. So he<sup>asws</sup> said: ‘The judgement was that he takes the mother of his child and her son. So the one who had bought her begged and pleaded before him<sup>asws</sup> (for assistance in this matter), so he<sup>asws</sup> said to him: ‘Take his son who had sold the mother of his child to you, until he settles the sale in cash to you’. So when he took him, his father said, ‘Send my son back to me’. He said, ‘No, by Allah<sup>azwj</sup>! I will not send your son back to you until you send my son back to me (from the slave girl)’. So when the master of the mother of his son saw that, he allowed the sale (made) by his son’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.