Al-Kafi 9297

Translation

A number of our companions, from Ahmad Bin Muhammad, from Ibn Maboub, from Abu Wallad Al Hannat who said, ‘I hired a mule to Qasr Ibn Hubeyra, going and coming, for such and such (amount), and I went out in seeking the debs (collectible) for me. So when I got near to the arch of Al Kufa, I was informed that my companions had gone to the Nile. So I diverted towards the Nile. So when I got to the Nile, I was informed that my companions had gone to Baghdad. So I pursued him, and I was successfull with it, and I was free from what was between me and him, and we returned to Al Kufa, and the going and coming was of (a duration of) fifteen days’. So I informed my companion with my excuse if he permits from it from what I had done, and I pleased him, so I extended to him fifteen Dirhams. But, he refused to accept. So we both agreed with (going to) Abu Haneefa (for a judgement). So I informed him with the story and the man informed him of it. So he said to me, ‘And what did you do with the mule?’ So I said, ‘I have handed it over to him, safely’. He (the owner of the mule) said, ‘Yes, after fifteen days!’. So he (Abu Haneefa) said, ‘And what do you want with the man?’ He said, ‘I want the hire charges for my mule withheld from me for fifteen days’. So he said, ‘I do not see for you a right, because he had hired it to Qas Ibn Hubeyra, so he differed and rode it to the Nile, and to Baghdad. So he is responsible for the price of the mule and the hire charges are dropped. So when he returned the mule safely and you took possession of it, the hire charges are not obligated upon him’. He (the narrator) said, ‘So we came out from his presence and the owner of the mule went on to say ‘We are from Allah^ajwj and to Him^asws we are returning’, due to what Fatwa Abu Haneefa had issued with. So I gave him something, and freed myself from him. Then I went on Hajj during that year. So I informed Abu Abdullah^asws with what Fatwa Abu Haneefa had issued with. So he^asws said: ‘It is due to these (types of) judgements and what resembles these that the sky withholds its water and the earth prevents its Blessings’. He (the narrator) said, ‘I said to Abu Abdullah^asws, ‘So what is your^asws view?’ He^asws said: ‘I^asws view for him, upon you, similar hire charges of a mule going from Al Kufa to the Nile, and similar hire charges of a mule riding from the Nile to Baghdad, and a similar hire charges of a mule from Baghdad to Al Kufa. Pay it to him’. So I said, ‘May I be sacrificed for you^asws! I had fed it with Dirhams, so for me, upon him, would be its feeding (to reduce from the hire charges)’. So he^asws said: ‘No, because you are a usurper’. So I said, ‘What is your^asws view, if the mule had been injured and died, would not that have been obligated upon me?’ He^asws said: ‘Yes, a price of a mule on the day you opposed him’. I said, ‘Supposing the mule had been affected by a fracture, or injury, or disease?’ So he^asws said: ‘Upon you would be its price what is between the healthy and the faulty on the day you returned it to him’. I said, ‘And who would recognise that (difference)?’ He^asws said: ‘You and him, and either he swears an oath upon the price, so it would be necessitated upon you. So if he were to return the swearing of the oath upon you, and you swear upon the price, that would necessitate upon him, or else the owner of the mule would come with witnesses who would be testifying that the price of the mule when it was hire was such and such, so it would be necessitated upon you’. I said, ‘I had given him some Dirhams and pleased him with it, and he freed me’. So he^asws said: ‘But rather, he was pleased with it and freed you when Abu haneefa judged against him with the inequity and the injustice, but return to him and inform him with what Fatwa I^asws have issued with. So if he were to make you to be free after recognising it, so there would not be anything upon you after that’. Abu Wallad (the narrator) said, ‘So when I left from that direction of mine to meet the hirer, I informed him with what Fatwa Abu Abdullah^asws had issued to me with, and I said to him, ‘Say whatever you so desire to and I shall give it to you’. So he said, ‘Ja’far Bin Muhammad^asws has become beloved to me and there has occurred the preference for him^asws in my heart, and you are free, and if you so like that I return to you that which I have taken from you, I would do so’.

Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.