Judgements Delivered by Imam Ali (as)

1.The case of a Slave who claimed to be the Master of his Master-- It has been described by Kulaini and Sheikh on the authority of Imam Jafar Sadiq (AS) that
during the 'Khilafat' (Caliphate) of Hazrat Ali(AS) two men, a slave and his master, were
traveling to Kufa after performing Haj (Pilgrimage). The slave committed some mistake
and the master beat him for that. The slave said to his master: “You are my slave, but still
you are beating me for nothing.”Some other people wanted to decide between the two,
but the slave did not admit his mistake but went on repeating that he was the master of
the man accompanying him till they all entered Kufa. The master then said to his slave:
“Let us go to Ameer-ul-Momineen for a judgement.”

To that the slave agreed and they both went to Hazrat Ali (AS), but while giving their
statements before him both claimed to be the master of each other. The one who was
actually the master stated weeping that he was the real master and that his father had sent
him on pilgrimage to Mecca. He had takena slave with him who had committed a
mistake on his way back home and he therefore beat him. By saying that he was the
master he wanted to take away all his possessions wrongfully. But the slave also repeated
the same story on oath. Hazrat Ali (AS) after hearing both, ordered them to present
themselves before him the next day.

Meanwhile, he ordered two holes to be made in a wall, each one large enough for the head of a man to pass through. When the two men came to him on the following day, he ordered each of them to put his head into the two holes. This done, he ordered his personal servant “Cut off the head of the slave.” No sooner the slave heard this order, he pulled out his head from the hole while the one who
was the master did not move even slightly. Hazrat Ali (AS) then reprimanded the slave,
who went away with his master hanging his head in shame.

2. The Case of Two Women Each of Whom Claimed to be the Mother of One and the Same Child

Sarui has described in Irshad that during the caliphate of Hazrat Omar two women were
produced before Hakim, the then Qazi of Medina. Both of them claimed the same child to
be their own. Hakim was puzzled and did not know what to do. The case was, therefore,
taken to Hazrat Omar for decision, but he also could not decide it. Hazrat Ali (AS)

was then requested to decide the case. Hazrat Ali (AS) asked the women as to whether
they had any objection if the child were cut into two and one part given to each of them.
One of the woman agreed to it, but the other started crying. She said to Hazrat Ali (AS):
“O' Abul Hasan! I forego my claim. Give the child to this woman.” Thus the child was
restored to its real mother who started crying.

3. A Strange Cruelty on an Orphan Girl and Hazrat Ali's Judgement Therein

It has been stated by Kulaini and Sheikh Suduq as also incorporated in Sahih Bokhari onthe authority of Hazrat ImamJafar Sadiq (AS) that a slave girl was brought to the court of Hazrat Omar with the accusation that she had not proved loyal to her master. Her story is narrated thus:

A man had given shelter to an orphan girl. As he often had to go out of his home town on business trips, he had given the girl in the care of his wife. When a few years passed like this, the girl became mature and also looked extremely beautiful. The wife of the man with the aim that her husband should not marry the girl, once got her intoxicated, , with the help of some woman from the neighbourhood and also got removed the sign of her chastity with the help of the same woman.

When the man returned from his business tour abroad, he asked his wife about the girl.
There upon she replied with complete innocence:
“She has eloped with a young man in the neighbourhood.” Then the man went out in
search of the girl, caught hold of her and dragged her to the court of Hazrat Omar ,
who was then a Caliph.
Hazrat Omar finding the case to be considerably difficult, referred it to Amir ul-
Momineen (AS), as he had invariably done previously in such cases.
Hazrat Ali (AS) sent for the man, his wife and the girl, together with the witnesses, if any.
The man and his wife related the same story before Amir-ul-Momineen (AS) also, which
they had previously related in the court of Hazrat Omar, and also produced the four
women who had been named by the wife of the appellant as witnesses.
Hazrat Ali (AS) called the first witness, unsheathed his sword and keeping it between the
woman and himself, said to her: Do you know, I am Ali (AS) Ibne Abi-Talib ? Tell me the
truth, the truth and nothing but the truth.” The woman who was exceedingly clever gave
the same false evidence she had given in the court of Hazrat Omar and insisted
thereon.
Hazrat Ali (AS) seeing this, ordered her to be kept in confinement, separate from other
witness. He then caned the second witness before him and pointing to his sword, said to
her: “Do you see this sword ? If you do not tell the truth,I shall behead you with this
sword. And remember that the woman who has just gone out has told me the truth and,
therefore, I have given her pardon. If you tell me the true story, the same you shall get.”
Hearing this, the second woman related the true story of the case, out of fear of her life.
Having heard the truth from the second witness Amir-ul- Momenin (AS) said, “After
Daniel, the Prophet, I am the first man who has forced different statements from two
witnesses.”

Thereafter, he ordered punishment to be accorded to the wife of the man in question. He

also ordered the man to divorce his wife and marry the innocent girl. When his orders

were carried out, he paid the dowry to the girl from his own pocket. He also fined the
four women who had stood witnesses in the case, one hundred Dirhams each, and gave
the whole amount of penalty to the girl.
After this strange but righteous judgement Hazrat Omar besought the favour of
Amir-ul-Momenin (AS) of telling him the story of Hazrat Daniel (AS). Hazrat Ali (AS)
acceding to his request told him the following story:

“Hazrat Daniel (AS) was an orphan, who had lost his father and mother both. At that time

the ruler was one from Bani Israel and had two Qazis among his courtiers.

Both of these Qazis used to visit the court of the king accompanied by a very pious and godly man of the day. Once the king wanted to send a trustworthy person on an urgent official business outside the dominion of his empire and requested the two Qazis to helphim in selecting of someone worthy for the purpose.

The Qazis advised the king to entrust the work to the same pious and godly man who
used to visit his court every now and then alongwith themselves. Acting on their advice
the king sent the pious man with necessary instructions on the fateful journey. Now per
chance the pious man had a very pretty and beautiful wife who was also pious and godly
like her husband. However, the man while going out of the country gave her in the care
of the aforesaid Qazis, saying: I give her in your care with the will that you will treat her
with virtue and will take care of her daily needs. Then he set off at his journey.

Thereafter, once the two Qazis happend to go to the house of the pious man and by
chance saw his pretty wife. Seeing her they both madly felt in love with her. When they
expressed their carnal desire the good woman flatly refused to fall prey to their desire.
Thereupon they threatened her to complain against her to the king and say that she had
committed adultery with the result that she would be stoned to death.

In reply she said: Say whatever you like, but I would not give my consent to this act of

sin.”

Thereupon both the wicked Qazis went to the king and reported to him that the wife of
the pious man whom he had sent on journey had committed adultery. The king was very
muchsurprised on the report because the woman had a reputation for piety. He bent his
head for a while and then lifting his head he said to them :
“I believe you and accept your witness but give me three days time for issuing orders in
the matter.”
The king then consulted his Wazir in the matter and said to him:
“I don't think she is guilty of the act of adultery, what do you say about it ?
The Wazir also on hearing the report, said to the king:
“I am also surprised.”
Then, on the 3rd day the Wazir happened to pass by a lane where some children were
playing, Hazrat Daniel (AS) being among them.
Hazrat Daniel (AS) said to one of the children:
“Let us stage the drama of the wife of the pious man and the two Qazis, you play the part
of the wife of the pious man and two other of you, the part of the Qazis.”
He then turned to the two boys and said to them :

“You present the case of this woman to me as the two Qazis have presented it to the
king.”
The king meanwhile had proclaimed with the beating of the drums (as was the custom
those days) that the wife of the pious man had committed adultery and the two Qazis had
reported the matter to the king and, therefore, the woman was going to be stoned to death.
Hazrat Daniel (AS) called one of the boys who was playing the part of one of the Qazis
and asked him:

“What do you say in the matter ?” He also pointed to a wooden sword wrapped in a cloth,
if you tell a lie I shall behead you with this sword.”
The boy replied:
“Sir, the wife of the pious man has committed adultery and I am a witness to it”
Hazrat Daniel (AS) asked him: “Where and when and on which day and what time” ? The
boy answered all the questions of Hazrat Daniel (AS). Then, Hazrat Daniel (AS) called the
other boy and put the same questions to him, but his answers were quite contrary to the
answers of the other boy.
After hearing the second boy Hazrat Daniel (AS) said :
“God is great, you have given false witness in the case.”
He then acquitted the woman honourably and sentenced the boys who were playing the
role of the Qazis to death.
The Wazir who saw this play of the boys and the judgement of Hazrat Daniel (AS) in the
play reported the whole thing to the king who decided the case accordingly (Wafi, vol. 9,
p.161; Manaqib, vol. 7, p.193; Turuq-i-Hikmia,p. 60).

4. The Case of a Man Whose Son Differed in Colour with Him

A Negro once came to Hazrat Omar . His wife was also of black colour. The Negro
complained to Hazrat Omar that he and his wife were both of black coloured, but
his wife in contrast to their colour had given birth to a child of red colour. He also said
that his wife had obviously committed adultery with some man who was of the colour of
the child.
Hazrat Omar could not decide the case and referred the matter to Hazrat Ali (AS)
who in turn asked the Negro: “ If I ask you a question, will you answer it correctly ?”
The Negro replied: “ Yes Sir, by all means and quite correctly if I could.”
Hazrat Ali (AS) asked the negro:
“Did you ever go to your wife i.e., had you ever had intercourse with her during her
monthly course” ?
The negro replied :
“Yes, Sir, I think I have.”
Hazrat Ali (AS) said to him:
“The colour of the child is the result of that very act of yours. You are, therefore, yourself
at fault and not your wife.” The Negro was ashamed and went away. (Turuq-i-Hikmia by
Ibne Qaiyyum: p. 47).

5. The First Case After the Demise of the Holy Prophet (S)

It has been reported by Kulaini on the authority of Hazrat Imam Jafar Sadiq (AS) that a case was decided by Hazrat Ali (AS) in such a way that it was never decided before and that it was the first case after the demise of the Holy Prophet (S).

“During the caliphate of Hazrat Abu Bakr a man was found drunk and brought
before the Caliph, Hazrat Abu Bakr . The Caliph asked him as to whether he had
drunk wine. In reply the man admitted to have drunk.
The Caliph asked him:
“Why did you drink when it has been prohibited in Islam ?”
The man replied: “I am residing in the neighbourhood of some pcople who are habitual
drinkers. Although I am a Muslim,I have never heard that wine has been prohibited in
Islam.” Hearing this Hazrat Abu Bakr looked at Hazrat Omar with a question
mark in his eyes. Hazrat Omar said:
“This is just one of the cases that no one else than Ali could decide.”
When the case was referred to Hazrat Ali (AS), he sent the man round in the city with
some persons to ask the people as to whether anyone had recited to him the verse of the
holy Quran whereby wine was totally prohibited. And when it was proved that none had
done so, the man was released with a warning never to drink in future. (also carried by
Nasikhut Tawarikh,vol. 2, p. 731; Buharij, vo1. 9, p. 483; Manaqib,vol. 2, p.178).

6. A Case Which was Decided Wrongly by Qazi (Judge)

It has been recorded in Ajaibul Ahkam that once when Hazrat Ali (AS) entered the
Mosque of Kufa, he saw a young man who was weeping pitiably. Hazrat Ali (AS) asked
him about the cause of suchweeping.
The man replied :
“Ya Amir ul-Momineen, I have come to you for appeal against the decision of Qazi in
my case.”
Hazrat Ali (AS) asked him about the case The young man said : “My father had gone on
journey with some persons. When these persons returned from the journey, I asked them
about my father. They said: He died during the journey. When I asked them about the
money my father had taken with him, they said he left no money, but I know for certain
that he had a good amount of money with him.”
The young man further said to Hazrat Ali (AS): “As I was certain about the money my
father had carried with him, I reported the matter to Qazi Sharih and be sought a
judgement from him in the case.”
The young man continued, “Qazi Sharih called those persons and took oath from them
one by one. They all said unanimously on oath that my father had no cash at the time of
his death. Therefore, Qazi Sharih ordered for their release.”
Relating the above story to Hazrat Ali (AS), the young man said:
“Ya Amir ul-Momineen! I have now come to you for a righteous judgement.”
Amir ul-Momineen Hazrat Ali (AS) said: “I shall deliver judgement in this case as none
has ever before delivered in any case other than Hazrat Daud (David) (AS).”
Hazrat Ali (AS) then asked Qambar, his personal servant, to call some men of shurtatul
Khamees (a contingent of the officers in command of an Army). When these officers
arrived, Amir ul-Momineen Hazrat Ali (AS) ordered them to ask the young man the names
of the persons who had accompanied his father on the journey and present them before
him immediately. The orders of Hazrat Ali (AS) were carried out forthwith.

When all those persons were brought before Hazrat Ali (AS), he cast a glance over them
all and ordered each to be tied with the pillars of the mosque separately and asked the
people, present in the mosque to join him in Takbir (Greatest is God) loudly when he said
it, Hazrat Ali (AS) then called one of the persons and asked him as to what he had to say in
the matter.
He said what he had said to Qazi. Qazi Sharih was also present there.
Hazrat Ali (AS) said to the man:
“Don't think that I do not know any thing about this case. Go ahead now; When did you
all start on the fateful journey; tell me the year, the month, the day and the exact time
when you all started on your journey with the father of this young man ? And when was
he taken ill, where and what day and at what time ? What was his disease ? Who treated
him and with which medicine ? When did he die ? Give me the date and the time. Who
gave him bath after his death ? Who wrapped him in the coffin ? How many people
attended his funeral ? Name any of them, if possible. Who lowered him in his grave?.”

The man was first baffled by this volley of the most relevant questions, but he tried to
answer them one by one obviously at random. When he had finished, Amir ul-Momineen
Hazrat Ali (AS) said the Takbir aloud. All the other people present in the mosque repeated
it as they were ordered before. Hazrat Ali (AS) then sent the man to prison and called the
second man.

The second man being now certain because of the Takbir of the people following Hazrat
Ali (AS) and his sending the first man to the prison that his companion had confessed, told
Hazrat Ali (AS) that he was from the very beginning against the murder of their
companion, the father of the young man, and taking away his cash and that none of the
others listened to him.

He then besought forgiveness and mercy at the hands of Amir ul-Momineen as he was only compelled to become an accomplice in the case. Thereafter, all the rest also had to confess their crime of murder and loot. Amir ul-Momineen Hazrat Ali (AS) then made them to return the money of the deceased to his son, together with the penalty for the murder.

Qazi, who was called to attend the hearing of the case was reprimanded and warned to be
careful in serious cases such as murder. Very politely rather humbly he asked Amir ul-
Momineen Hazrat Ali (AS) as to what the case decided by Hazrat Daud (David) (AS)
referred to by him as, a similar case was.
Hazrat Ali (AS) described the case thus: “Hazrat Daud (AS) was once passing through a
lane when he heard some children playing & calling one of their play- mates by the
name of ‘Matat Din'. The boy was also answered to this name. Hazrat Daud (AS) was very
much surprised at hearing this queer name which meant, “religion diedl.” Therefore,
prophet David (AS) called the boy and asked him as to who had given him that name.” The
boy said: “My father, Sir.” “Where is your father” ? asked the prophet. “He is dead”,
replied the boy Hazrat Daud (AS) then asked the boy to take him to his mother, which he
did.
When asked about the name, the mother of the boy told the prophet that the name was
given to the boy under the last will of his father . When asked about the details, she told
him that the father of the boy had gone on a journey with some persons, but he did not

return from that journey which was his last. When the mother of the boy enquiredabout
her husband, his companions told her that he had died on his way back home.
She asked: “What about the money he had taken with him”,.
“He left no money”, they replied innocently.
Relating this much Amir ul-Momineen, Hazrat Ali (AS) said to Qazi Shareh and the
people then present in the mosque, that Hazrat Daud (AS) had decided the case as he
himself had decided that day. He also told them that after delivering the judgement in that
identical case Hazrat Daud (AS) asked the woman to call her son by the name “Ashad
Din”, which meant the “religion has survived.” According to Kafi there also started a
dispute between the young man and the murderers of his father regarding the amount of
the money carried by his father from home for the journey.

7. The Case of Three Dinars

It has been reported by Suduq and Sheikh on the authority of Imam Jafir Sadiq (AS) who
reported it on the authority of his father and forefathers that a man had deposited two
Dinars with a person and another man had deposited only one Dinar with the same
person. One of the Dinars was stolen. When the case was brought to Amir ul-Momineen
Hazrat Ali (AS), he ordered one Dinar to be given to the first person and the equal division
of the second between both the depositors.
Explanation:
The first man who had deposited two Dinars had one of his two Dinars still safe whether
or not one of his own Dinar was stolen, while the other one, in case his only Dinar was
stolen, had none. As the theft in each case affected the second Dinar the second man had
to share both the loss and the gain. (Qaza, p.29)

8. The Case of a Woman Who had Given Birth to a Child Within Six Months of Her Pregnancy and Hazrat Omar had Ordered her to be Stoned to Death

A soldier in the Army returned home. When he had stayed with his wife for only six
months, his wife gave birth to a male child and claimed that it was his child. The soldier
refused to accept her claim and brought her to Hazrat Omar who ordered the
woman to be stoned to death. By chance Hazrat Ali (AS) also happened to be there and he
pointed out to Hazrat Omar that the Holy Quran had fixed the time of pregnancy and
the time of nursing of a child as thirty months, and at another place the time of nursing as
complete two years. These two years if deducted from the combined time of pregnancy
and nursing, the time of pregnancy remained only six months, i.e., the minimum. Hearing
this Hazrat Omar said: “Had not there been Ali, Omar would have gone to dust”
and released the woman. (Qaza,p. 35).

--

Haider Ajaz

(http://www.scribd.com/doc/36388635/Imam-Ali-a-s-Selected-Judgements)