La Volonté et les Dettes

3. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from al-Fadl ibn Shadhan from all from Ibn Abi ‘Umayr from Jamil ibn Darraj from Zakariya ibn Yahya al-Shu‘ayriy from al-Hakam ibn ‘Utaybah who has narrated the following: “Once we were with abu Ja‘far (a.s.). We were in a group waiting for him (the Imam) to come out. A woman came and asked, ‘Which one of you is abu Ja‘far?’ The people asked, ‘What for are you asking for him?’ She replied, ‘I want to ask him about an issue.’ They said, ‘This is the jurist of the people of Iraq. You can ask him your question.’ She said, ‘My husband has died and has left one thousand dirham as legacy. He owed me five hundred dirham as my mahr (dower) and my share of inheritance which I took from the legacy; but then a man came and said my husband owed him one thousand dirham and I testified in his favor.’ Al-Hakam has said, ‘I was counting it that abu Ja‘far (a.s.), came out and said, “Why is it that I see you move your fingers, O Hakam?” I replied, “This woman has mentioned that her husband has died. He has left one thousand dirham as legacy. He owed to her five hundred dirham as her dower. She took her dower and the share of her inheritance, but then a man came and said that her husband owed him one thousand dirham and she testified in his favor.’” Hakam has said, ‘By Allah I had not completed my words that he (the Imam) said, “She has confessed to give back one-third of what she has in her hand and she does not have anything as her share of inheritance.’” Hakam has said, ‘I had never seen, by Allah, anyone more intelligent than abu Ja‘far (a.s.).”’

Le contenu principal du hadith concerne une femme qui avait un différend financier après le décès de son mari. Abu Ja'far (que la paix soit sur lui) a résolu la situation en lui indiquant qu'elle devait d'abord rembourser sa dette avant de prétendre à son héritage, lui accordant ainsi un tiers de ce qu'elle possédait, sans héritage pour elle tant que la dette n'était pas réglée.

4. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil from certain persons of our people who has narrated the following: “This is about the case of a man who sells something to a man and the buyer takes possession of the goods but does not pay for it. Then the buyer dies and the goods exist as they were. Abu ‘Abd Allah (a.s.), has said, ‘If the goods exist as they were, they must be returned to its owner and other creditors do not have any right to dispute him.’”

concernant un homme ayant vendu une marchandise à un autre homme, l'acheteur a pris la marchandise sans payer le prix, puis l'acheteur est décédé alors que la marchandise était en sa possession. Il a été dit : "Si la marchandise est en possession de l'acheteur, elle doit être restituée au propriétaire de la marchandise", et il a été ajouté : "Les débiteurs ne doivent pas être poursuivis en justice."

5. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from al-Hassan ibn Mahbub from ‘Abd Allah ibn Sinan who has narrated the following: “About the case of a man who dies with debts on him and a guarantor takes responsibility to pay the creditors, abu ‘Abd Allah (a.s.), has said, ‘If the creditors agree, the deceased becomes free from responsibility.”’

Concernant un homme qui meurt en laissant une dette, et qu'un garant se porte garant pour les créanciers, lorsque les créanciers sont satisfaits, la dette du défunt est alors acquittée.

6. Abu Ali a l-Ash ‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan ibn Yahya from Yahya al-Azraq who has narrated the following: “About the case of a man who is killed and who owed debs, but has not left any legacy but his heirs received blood money (wergild) from his killer; if they must pay his debts, abu al-Hassan (a.s.), has said, ‘Yes, they must pay his debts.’ I then said, ‘He has not left any legacy.’ He (the Imam) said, ‘It is because they have received blood money, thus, they must pay his debts.’”

concernant un homme tué alors qu'il avait une dette et n'avait laissé aucun bien, sa famille a pris la compensation de la part de son meurtrier pour régler sa dette. On lui demanda : "Et s'il n'avait rien laissé ?" Il répondit : "Ils ont simplement pris la compensation et il leur incombe de régler sa dette."

7. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from al-Hassan ibn al-Jahm who has narrated the following: “I once asked abu al-Hassan (a.s.), about the case of a man who dies and I owe him a certain amount of money. He has left behind children, male, female, and smaller children. One of them once came to me and said, ‘You are free of the responsibility of what you owed to my father as much as my share is concerned and you are also free about the shares of my brothers and sister. I take the responsibility to obtain their agreement in your favor. He (the Imam) said, ‘You are relieved and you are free of responsibility.’ I then asked, ‘What happens if he did not give them?’ He (the Imam) said, ‘It is his responsibility.’ I then asked, ‘What happens if the heirs come to me and ask for payment of their rights?’ He (the Imam) said, ‘According to the way the case appears they can do so but between you and Allah, most Majestic, most Glorious, you are free from all responsibility toward them, when the man who has taken upon himself to obtain their agreement to what he has done, and he carries the responsibility for you.’ I then asked if a mother can take such responsibility for her child.’ He (the Imam) said, ‘Yes, it can happen if she has something with which she can make him agree.’ I then asked, ‘What happens if she does not have anything? He (the Imam) said, ‘It then is negative.’ I then said, ‘I have heard you saying that her waving is permissible.’ He (the Imam) said, ‘What I meant thereby is that if she has assets.’ I then asked, ‘Can a father take such responsibility for his son?’ He (the Imam) said to him, ‘We had no difficulty with abu al-Hassan (a.s.). He (the Imam) would do whatever he wanted.’ I then said, ‘The man has taken the responsibility for me about the right of the child and about his share. Am I free from responsibility if the man dies before the child becomes mature and he does not owe anything?’ He (the Imam) said, ‘It is permissible according to the condition he has undertaken for you.’”

Le contenu principal du hadith concerne les questions liées aux dettes laissées par un défunt, à la distribution des biens aux héritiers, à la garantie de la satisfaction des héritiers envers les créanciers, ainsi qu'à la licéité des biens pour les enfants en bas âge en fonction des circonstances. Le hadith met en lumière les principes de justice et de responsabilité dans la gestion des affaires financières et familiales conformément aux enseignements islamiques.