Sunday, February 22, 2015

Dozener's 9th Imam Uses Qiyas to Explain the Punishment of Theft

The 12ers claim Imam Jafar (as) cursed Imam Abu Hanifa (ra) for using Qiyas in fiqh. We can agree with them that the Imam condemned Qiyas, but to curse is the method of the Khawarij. The sahaba had differing views on fiqh, and they differed many times in front of the Prophet(pbuh). The Prophet (pbuh) did not curse them.
Anyway, as much the 12ers shias curse Abu Hanifa, they are in taqiyyah mode when it comes to self criticism.
For example, during Muharram chest beating isn't considered a Sunnah, yet they use Qiyas to justify why they do it.

Another interesting incident I found is that to justify the punishment of theft they attribute Qiyas toward the 9th Imam in order for him to explain his position.

One day a person came to the court of Mu‘tasim and confessed that he had committed theft and would like to be punished so that he could be free from the guilt and punishment in the hereafter. The Qur’an says that the punishment for theft (with some conditions) is cutting off the thief’s yad. Yad means: hand, forearm and elbow. So the caliph called all the prominent religious scholars, including Imam Muhammad at-Taqi (a.s.), and asked: “From where should the yad of the thief be cut?” (The Qur’an is asking for the definition of “yad”.)
Ibn Abi Da’ud, the chief judge, said, “From the wrist.”
Mu‘tasim: “What is your proof for that?”
Ibn Abi Da’ud: “The word ‘yad’ has been used in the verse of tayammum —so wipe your faces and your hands(5:5)— for the hand.”
Some scholars agreed with Ibn Abi Da’ud but others disagreed and said: “Cut the thief’s yad from the elbow.”
Mu‘tasim: “What is your proof?”
The scholars: “The word ‘yad’ has been used in the verse of wudhu —wash your faces and your hands up to the elbows (5:5)— for the fore-arm.”
Then Mu‘tasim turned towards Imam Muhammad at-Taqi (a.s.) and asked his opinion. The Imam first declined to give his view because he was aware of the court’s politics. But when Mu‘tasim insisted, the Imam finally said, “All these gentlemen are mistaken because only the [four] fingers have to be cut.”
Mu‘tasim: “What is your proof?”
The Imam (a.s.): “The Prophet (s.a.w.) has said that sajdah is done on seven parts of the body: forehead, palms, knees and two big toes [of the feet]. If a thief’s hand or forearm is cut, then it would not be possible for him to do the sajdah whereas Allâh has said, ‘And verily the masâjid [the body parts on which sajdah is done] belong to Allâh...;’ and what belongs to Allâh should not be cut.”
The caliph liked the answer of the Imam and ordered that the four fingers of the thief be cut.
This extraordinary event, in the public’s view at Mu‘tasim’s court, proved the superiority of the Imams of Ahlu ’l-Bayt. It, however, also created an extreme feeling of jealousy and hatred in the heart of Ibn Abi Da’ud.
On finding an appropriate moment, Ibn Abi Da’ud cautioned the caliph against inadvertantly promoting Imam Muhammad at-Taqi (a.s.) by publicly following his view and rejecting those of the other scholars. He filled the caliph’s ears to the extent that the caliph started looking at the Imam as a threat to his own caliphate.
During the last days of Dhul Qa‘dah 220 A.H., the Imam was poisoned by his wife, the niece of Mu‘tasim, and he died as a martyr. His body was buried next to his grandfather’s grave in the Qurayshi cemetary in Baghdad which is now known as Kâdhimayn.

So first the Imam does taqiyyah, then he uses anology to explain his view

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