The Chapters on Legal Punishments

كتاب الحدود

Chapter 26: Those Who Betray Trusts, Robbers and

It was narrated from Ibrahim bin Abdur-Rahman bin Awf that his father said

“I heard the Messenger of Allah (ﷺ) say: 'The hand of the pilferer is not to be cut off”.

Chapter 27: : The Hand Is Not To Be Cut Off For (Stealing) Produce Or The Spadix (Marrow) of Palm Tree

It was narrated from Rafi bin Khadij that the Messenger of Allah (ﷺ) said

“The hand is not to be cut off for (stealing) produce or the spadix of palm trees.”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said

“The hand is not to be cut off for (stealing) produce or the spadix of palm trees.”

Chapter 28: : One Who Steals Something That Is Guarded

It was narrated from Abdullah bin Safwan that

his father slept in the mosque, using his upper wrap as a pillow, and it was taken from beneath his head. He brought the thief to the Prophet (ﷺ) and the Prophet (ﷺ) ordered that his hand be cut off. Safwan said: “O Messenger of Allah , (ﷺ) I did not want this! I give my upper wrap to him in charity.” The Messenger of Allah (ﷺ) said: “Why did you not give it to him before you brought him to me?”

XOIt was narrated from Amr bin Shu'aib, from his father, from his grandfather, that a man from Muzainah asked the Prophet (ﷺ) about fruits.

He said: “What is taken from the tree and carried away, its value and the like of it along with it (meaning double its price must be paid). What (is taken) from the place where dates are dried, (the penalty) is cutting off the hand if the amount taken is equal to the price of a shield. But if (the person) eats it and does not take it away, there is no penalty.” He said: “What about the sheep taken from the pasture, O Messenger of Allah (ﷺ)?” He said: “(The thief) must pay double its price and be punished, and if it was in the pen then his hand should be cut off, if what was taken was worth the price of a shield.”

Chapter 29: Prompting A Thief.

It was narrated from Ishaq bin Abu Talhah

“I heard Abu Mundhir, the freed slave of Abu Dharr, say that Abu Umayyah narrated to him, that a thief was brought to the Messenger of Allah (ﷺ) and he admitted his crime, although the stolen goods were not found with him. The Messenger of Allah (ﷺ) said: 'I do not think you stole them.’ He said: 'Yes I did.' Then he said (again): ‘I do not think that you stole them.’ and he said: 'Yes I did.' Then he ordered that his hand be cut off. The Prophet (ﷺ) ' Say: I seek Allah's forgiveness and I repent to Him.' So he (the thief) said: 'I seek Allah's forgiveness and I repent to him.' He (the Prophet (ﷺ) said twice: 'O Allah! Accept his repentance.”

Chapter 30: One Who Is Coerced

It was narrated from 'Abdul Jabbar bin Wa'il that his father said

“A Woman was coerced (i.e., raped) during the time of Messenger of Allah (ﷺ) He waived the legal punishment for her and carried it out on the one who had attacked her, but he (the narrator) did not say that he rules that she should be given a bridal-money.”

Chapter 31: Prohibition of Carrying Out The Legal Punishments In The Mosque.

It was narrated from Ibn Abbas that the Messenger of Allah (ﷺ) said

“Do not carry out the legal punishment in the mosque.”

'Amr bin Shu'aib narrated from his father, from his grandfather, that

the Messenger of Allah (ﷺ) forbade lashing for the legal punishment in the mosques.

Chapter 32: Penalty or Discretionary Punishments (Decided by The Judge)

It was narrated from Abu Burdah bin Niyar that the Messenger of Allah (ﷺ) used to say

“No one should be given more than ten lashes, except in the case of one of the legal punishments of Allah (SWT).”

It was narrated from Abu Hurairah that the Messenger of Allah (ﷺ) said

“Do not punish with more than ten whips.”

Chapter 33: The Legal Punishment Is Expiation

It was narrated from Ubadah bin Samit that the Messenger of Allah (ﷺ) said

“Whoever among you undergoes a Hadd, his punishment has been brought forward, and it is an expiation for him otherwise his case rests with Allah.”

It was narrated from Ali that the Messenger of Allah (ﷺ) said

“Whoever commits a sin in this world and is punished for it, Allah (STW) is too just to repeat the punishment for his slave (in the hereafter). And whoever commits a sin in this world and Allah conceals him, Allah is too generous to go back to something that He has pardoned.”

Chapter 34: A Man Who Finds Another Man with his Wife.

It was narrated from Abu Hurairah that Sa'd bin Ubadah Al-Ansari said

“O Messenger of Allah (ﷺ) if a man finds another man with his wife, should he kill him?” The Messenger of Allah (ﷺ) said: “No.” Sa'd said: “Yes he should, by the one who honored you with the Truth!” The Messenger of Allah (ﷺ) said: “Listen to what your leader says!”

It was narrated that Salamah bin Muhabbiq said

“When the Verse of legal punishments was revealed, it was said to Abu Thabit Sa'd bin Ubadah, who was a jealous man: ‘If you found another man with your wife, what would you do?’ He said: “I would strike them both wife the sword; do you think I should wait until I bring four (witness) and he has satisfied himself and gone away? Or should I say I saw such and such, and you will carry out the legal punishment punishment on me (for slander) and never accept my testimony thereafter?' Mention of that was made to the prophet (ﷺ) and he said: “The sword is sufficient as a witness.' Then he said: 'No (on second thought) I am afraid that the drunkard and the jealous would pursue that.” (Da'if)Abu Abdullah - meaning Ibn Majah - said: “I heard Abu Zurah saying: “This is a Hadith of Ali bin Muhammad At-Tanafisi, I did not hear it from him.”

Chapter 35: One Who Marries His Father's Wife After He Dies.

It was narrated that Bara bin Azib said

“My maternal uncle passed by me - (one of the narrators) Hushaim named him in his narration as Harith bin Amr - and the Prophet (ﷺ) had given him a banner to carry. I said to him: 'Where are you going?’ He said: 'The Messenger of Allah (ﷺ) has sent me to a man who married his father's wife after he died, and has commanded me to strike his neck (i.e. execute him).”

It was narrated from Mu'awiyah bin Qurrah that his father said

“The Messenger of Allah (ﷺ) sent me to a man who had married his father's wife after he died, to strike his neck (execute him) and confiscate his wealth.”

Chapter 36: One Who Claims To Belong To Someone Other Than His Father, Or (A Slave) Who Claims Who That his Wala is for Other Than His Real Master

It was narrated from Ibn Abbas that the Messenger of Allah (ﷺ) said

“Whoever claims to belong to someone other than his father, or (a freed slave) who claims that his Wala is for other than his real master, the curse of Allah (SWT), the angels and all the people will be upon him.”

It was narrated that Abu Uthman Nahdi said

“I heard Sa'd and Abu Bakrah both say that they heard directly from Muhammad (ﷺ) saying it and memorized: 'Whoever claims to belong to someone other than his father knowing the he is not his father, Paradise will be forbidden to him.”

It was narrated from Abdullah bin Amr that the Messenger of Allah (ﷺ) said

“Whoever claims to belong to someone other than his father will not smell the fragrance of Paradise, even though its fragrance may be detected from a distance of five hundred years.”