Prescribed Punishments (Kitab Al-Hudud)

كتاب الحدود

Chapter 3: What has been reported concerning Al-Muharibah

Narrated Abdullah ibn Abbas

The verse "The punishment of those who wage war against Allah and His Apostle, and strive with might and main for mischief through the land is execution, or crucifixion, or the cutting off of hands and feet from opposite side or exile from the land...most merciful" was revealed about polytheists. If any of them repents before they are arrested, it does not prevent from inflicting on him the prescribed punishment which he deserves.

Chapter 6: Concealing those who have committed deeds for which had punishments are prescribed

Narrated Nu'aym

Ma'iz came to the Prophet (ﷺ) and admitted (having committed adultery) four times in his presence so he ordered him to be stoned to death, but said to Huzzal: If you had covered him with your garment, it would have been better for you.

Chapter 11: For what the hand of a thief is to be cut off

‘A’ishah reported the prophet (ﷺ) as saying

Ahmed b. Salih said: The amputation (of a thief’s hand) is for a quarter of a dinar and upwards.

Ibn ‘Umar’ said

The Messenger of Allah (ﷺ) had thief’s hand cut off for a shield worth three dirhams.

Chapter 12: For what the thief's hand is not to be cut off

Narrated Rafi' ibn Khadij

Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it.

He told him that he had heard the Messenger of Allah (ﷺ) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree.

The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (ﷺ). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam.

Rafi' said to him: I heard the Messenger of Allah (ﷺ) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.

Abu Dawud said: Kathar means pith of the palm-tree.

This tradition has also been transmitted by Muhammad bin Yahya bin Hibban through a different chain of narrators. This version adds

Marwan gave him some lashes and let him go.

Chapter 15: Cutting off the hand for a loan if he denies borrowing it

‘A’ishah said

A Makhzuml woman used to borrow goods and deny having received them. The prophet (ﷺ) gave orders that her hand should be cut off. He (the narrator) then narrated the tradition similar to the one transmitted by Qutaibah from al-Laith from Ibn Shahib. This version adds: The prophet(ﷺ) had her hand cut off.

Chapter 3: What has been reported concerning Al-Muharibah

The tradition mentioned above has also been transmitted by the narrator Ayyub through different chain. This version has

So he (the prophet) order nails to be heated and had them blinded with them, and he had their hands and feet cut off, and did not cauterise them to stop the flow of blood.

The tradition mentioned above has also been transmitted by Anas. B. Malik through a different chain of narrators. This version says

The Messenger of Allah (ﷺ) sent some people who were experts in tracking in pursuit of them and they were brought (to him). Allah , the Exalted, then revealed the verse about it : “ The punishment of those who wage war against Allah and his Apostle and strive for mischief through the land.

The tradition mentioned above has also been transmitted by Anas. B. Malik through a different chain of narrators. This version has

Anas said : I saw one of them biting the earth with this mouth (teeth) on account of thirst and this they died.

Chapter 9: Regarding the case of a man who admits he committed a punishable offense, but does not specify what it was

Abu ‘Umamah said

A man came to the prophet (ﷺ) and said : Messenger of Allah ! I have committed a crime which involves prescribed punishment so inflict it on me . He said : Have you not performed ablution when you came? He said : Yes, He said: Have you not prayed with us when we prayed ? He said : Yes .He then said : Go off, for Allah, the Exalted, forgave you.

Chapter 11: For what the hand of a thief is to be cut off

Narrated Abdullah ibn Umar

The Prophet (ﷺ) had a man's hand cut off who had stolen from the place reserved for women a shield whose price was three dirhams.

Chapter 12: For what the thief's hand is not to be cut off

Narrated Abdullah ibn Amr ibn al-'As

The Messenger of Allah (ﷺ) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.

Abu Dawud said: Jarin means the place where dates are dried.

Chapter 13: Cutting off the hand for snatching and treachery

The tradition mentioned above has also been transmitted by Jabir through a different chain of narrators. This version adds

Abu Dawud said : Ibn Juraij did not hear these two traditions from Abu al-Zubair, I have been informed by Ahmad. B. Hanbal saving : Ibn Juraij heard them from Yasin al-Zayyat.

Aby Dawud said: Al-Mughirah b. Muslim has transmitted it from Abu al-Zubair from Jabir From the prophet(ﷺ).

Chapter 1: Ruling on one who apostatizes

Jarir reported the prophet (ﷺ) as saying

When a slave runs away and reverts to polytheism, he may lawfully be killed.

Chapter 2: The ruling regarding one who reviles the prophet (pbuh)

Narrated Abdullah Ibn Abbas

A blind man had a slave-mother who used to abuse the Prophet (ﷺ) and disparage him. He forbade her but she did not stop. He rebuked her but she did not give up her habit. One night she began to slander the Prophet (ﷺ) and abuse him. So he took a dagger, placed it on her belly, pressed it, and killed her. A child who came between her legs was smeared with the blood that was there. When the morning came, the Prophet (ﷺ) was informed about it.

He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up.

He sat before the Prophet (ﷺ) and said: Messenger of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her.

Thereupon the Prophet (ﷺ) said: Oh be witness, no retaliation is payable for her blood.

Chapter 3: What has been reported concerning Al-Muharibah

A similar tradition has also been transmitted by Anas bin Malik through a different chain of narrators. This version adds

He then forbade disfiguring. This version does not mention the words “ from opposite sides” . This tradition has been narrated by Shu’bah from Qatadah and Salam bin Miskin from Thabit on the authority of Anas. They did not mention the words “from opposite side”. I did not find these words “their hands and feet were cut off from opposite sides”. In any version except in the version of Hammad bin Salamah.

Chapter 4: Regarding interceding about a legal punishment

‘A’ishah said

The Quraish were anxious about the Makhzumi woman who had committed theft, They said : Who will speak to the Messenger of Allah(ﷺ) about her ? Then they said: Who will be bold enough for it but Uasmah bin Zaid, the prophet’s (ﷺ) friend! So Usamah spoke to him, and the Messenger of Allah(ﷺ) said : Are you interceding regarding one of the punishments prescribed by Allah ? He then got up and gave an address, saying : What destroyed your predecessors was just that when a person of rank among them committed a theft, They left him alone , and when a weak one of them committed a theft, they inflicted the prescribed punishment on him . I swear by Allah that if Fatimah daughter of Muhammad should steal, I would have her hand cut off.

Narrated Aisha, Ummul Mu'minin

The Messenger of Allah (ﷺ) Said: Forgive the people of good qualities their slips, but not faults to which prescribed penalties apply.

Chapter 5: Pardoning in cases of hadd (punishment) that do not reach the sultan

Narrated Abdullah ibn Amr ibn al-'As

The Prophet (ﷺ) said: Forgive the infliction of prescribed penalties among yourselves, for any prescribed penalty of which I hear must be carried out.