It is mentioned in Tafsir Ayyashi that a man named Zarqan
was a close friend of Qadi Ibne Abi Dawud. He narrates: One
day when Qadi Ibne Abi Dawud came to me, he was highly
distraught. I asked him what the matter was and he told me in a
plaintive tone,
“Alas! If I had only passed away twenty years ago instead
of being humiliated!”
When I asked him to explain, he said,
“Today, Abu Ja’far Muhammad Ibne Ali humiliated me in
the presence of the chief of believers, Mutasim.”
“What happened exactly?” I asked.
“A thief came to the chief of believers and said: I am a
thief. Please issue the Islamic penalty to me and purify from my
sin.”
Mutasim summoned all the jurists including Abu Ja’far
Muhammad Taqi and asked us from where the hand should be
chopped. I told him from the wrist.
When the Caliph asked me for the proof, I said that the
Quran has mentioned cutting off the hand of the thief and the
word of ‘yad’ implies the hand from the wrist as mentioned in
the verse of Tayammum:
“…then wipe your faces and your hands…”Surah Nisa 4:43
And the whole nation has consensus that here the word of
‘yad’ implies the hand from the wrist. So it similarly applies for
the thief as well and his hand must be cut from the wrist.
For some time there was dispute among the jurists with
regard to my verdict and some suggested that his hand should be
cut off from the elbow relying on the verse of ablution:
“…and your hands as far as the elbows…”Surah Maidah 5:6
After that Caliph Mutasim glanced at Imam Muhammad
Taqi (a) and said,
“Abu Ja’far, what is your opinion regarding this issue?”
“The jurists of the community have mentioned their views;
now what is the need of my opinion?”
Inspite of his reluctance, the Caliphate insisted.
He said, “If you are insisting so much; then listen: all the
jurists have erred and issued a verdict that is opposed to the Sunnah. The Islamic legal penalty for the thief is that his four
fingers must be cut off from the root leaving his palm intact.”
“What is your reasoning for that? Mutasim asked.
“It is the statement of Messenger of Allah (s) that during
prostration (Sajdah) comprises placing the following seven parts
of the body on the floor: forehead, both hands, both knees and
toes of both feet. If the hand is amputed from the wrist how that
person would perform Sajdah? Whereas Almighty Allah has
mentioned in Surah Jinn:
“And the places of prostration are Allah’s…”Surah Jinn 72:18
It implies the parts placed in Sajdah.
“…therefore call not upon any one with Allah.”Surah Jinn 72:18
That is along with those places of prostration do not include
anyone else with Allah. Hence whatever comes into the
ownership of Allah cannot be cut off.”
Mutasim was highly impressed at this reasoning and he
ruled that the fingers of that thief be cut off.
I was shattered by this verdict and I wished that I had died
before issuing such a judgment and facing such humiliation.
Zarqan says: That same Qadi visited Mutasim after two
days and said: I am here because of my concern for you and I
also know that as a result of that my abode shall in Hell. “What do you mean?” asked Mutasim.
Qadi said, “O chief of believers, when you gather the
scholars and jurists in your court and inquire about their legal
verdicts, at that time not only scholars are present, on the
contrary, your family members, ministers and your scribes etc
are also present and later on these reports are circulated all over
the country. But last time you really did something
extraordinary! Ignoring the views of all the scholars and jurists
of the Ummah, you adopted the verdict of Abu Ja’far. Whereas
you should have taken into consideration the fact that from
before also a large number of people from the nation believe in
his Imamate and they imagine that you have usurped power that
was rightfully Abu Ja’far’s. In spite of that you overlooked the
verdicts of all the jurists and applied his opinion. This would
weaken the foundations of your rule.”
Mutasim’s became terribly infuriated and he said, “You
have rendered a good advice; may God give you a good reward.”
After that the Caliph ordered his minister to invite Abu
Ja’far for dinner and poison the food. So that minister invited the
Imam for dinner, but the Imam excused himself.
The minister said, “We have only invited you for dinner, so
that your presence would bring auspiciousness from God and so
and so ministers of the Caliph would also like to meet you.”
Finally the Imam attended the dinner and then realized that
the food was poisoned.
He asked them for the mount in order to return, but the host
said, “Why the haste? Please stay some more.”
Imam said, “It is better that I leave your place and go
home.” After that he was in severe pain for a day and then
finally passed away Tafsir Ayyashi, Vol. 1, Pg. 319; Biharul Anwar, Vol.
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