The Rare Ahadith

“This is about the case of four men who testified against an al-Muhsin (married man) due to fornication of whom two retracted their testimony and not the other two. Abu ‘Abd Allah (a.s.), has said, ‘If the four are Muslims who are not known as falsely testifying people, the testimony of all four is admissible, and penalty must be applied on the one against whom they have testified, however, they must testify only to what they have seen and have the knowledge thereof. The person in authority must accept their testimony unless they are known to be sinful people.’”

“I once asked abu Ja‘far, al-Thaniy, Alayhi al-Salam, ‘How is it that when a man accuses his wife of committing fornication his testimony is four testimonies by Allah? Why is it not permissible for those other than him, if someone other than husband accuses her, he is subjected to penalty even if he is a son or brother?’ He (the Imam) said, ‘Abu Ja‘far (a.s.), was asked about it and he (the Imam) replied that suppose if a man accuses his wife he can be asked about how he has learned that his wife has behaved as such, his eyes have seen her doing it then his testimony is four testimonies by Allah. It is because of the possibility for a man to go in privacy where others cannot do so. A son or father cannot see as such in the night or day. For this reason, his testimony has become four testimonies by Allah if he says, “I have seen it with my eyes.” If he says, “I have not seen with my eyes” he is an accuser like other people and he is subjected to penalty unless he establishes testimony. If people other than the husband thinks, accuses and claims seeing it with his eyes he is then asked, “How did you see and who made it possible for you to be in such place where you alone saw it? You stand accused about your claim even if you speak truth, you are in the position of one being accused; and it is necessary to discipline you by penalty which Allah has made obligatory upon you.”’ He (the Imam) said, ‘The testimony of a husband has become four testimonies by Allah, in place of every witness one oath.’” A number of our people have narrated from Ahmad ibn Muhammad ibn Khalid from Muhammad ibn Aslam from certain ones of the people of Qum from abu al-Hassan al-Rida’ (a.s.), a similar Hadith.

“I once asked Abu ‘Abd Allah (a.s.), ‘Why in a murder case only two witnesses are required, and in the case of fornication four witnesses are required when murder is more serious than fornication?’ He (the Imam) said, ‘It is because murder is one act and fornication is two acts, for this reason less than four witnesses is not admissible; two against man and two against the woman.’” Certain one of our people have narrated from him (Abu Hanifa) that then he (the Imam) asked, ‘What is with you, O Abu Hanifa?’ I replied, ‘We have nothing about it except the Hadith of ‘Umar that says, ‘Allah has taken two words in the testimony against the people.’ He (the Imam) then said, ‘It is not as such, O Abu Hanifa, in fornication there are two penalties. It is not permissible for less than two to testify against one, two against the man and two against the woman; penalty is obligatory on both man and woman, when in murder it is applied to the killer only and the one murdered is defended.’”

“Abu ‘Abd Allah, Alayhi al-Salam, has said that ’Amir al-Mu’minin, Ali, Alayhi al-Salam, issued a judgment. It was in the case of a virgin woman who was accused of fornication. He (the Imam) commanded certain women to examine her. They reported about her to be a virgin. He (the Imam) issued a judgment that said, ‘I am not to penalize one on whom Allah, most Majestic, most Glorious, has placed a seal. 5 He (the Imam) accepted the testimony of women in such cases.”