‘A'isha said Quraish were anxious about the Makhzumi woman who had committed theft and asked, “Who will speak to God’s Messenger about her?” Then they said, “Who will be bold enough for it but Usama b. Zaid, God’s Messenger’s friend?” So Usama spoke to him and God’s Messenger said, “Are you interceding regarding one of the punishments prescribed by God?” 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, but when a weak one of their number committed a theft they inflicted the prescribed punishment on him. I swear by God that if Fatima daughter of Muhammad should steal I would have her hand cut off.” (Bukhari and Muslim). In a version by Muslim she said that a Makhzumi woman used to borrow goods and deny having received them, so the Prophet gave orders that her hand should be cut off. Her family went and spoke to Usama and he spoke about her to God's Messenger. Then he mentioned the tradition in similar form to what has preceded.
Context and Background
This narration from Umm al-Mu'minin 'A'isha concerns a woman from the noble Qurayshi clan of Makhzum who committed theft. The Makhzum were among the most prestigious tribes in Mecca, and this incident occurred after the establishment of Islamic rule in Medina.
The companions' hesitation to approach the Prophet demonstrates their reverence for him and awareness of the seriousness of interfering in divinely prescribed matters. Their selection of Usama ibn Zaid, known for his special closeness to the Prophet, reveals their hope that personal affection might influence the judgment.
Legal Analysis of the Hadith
The Prophet's response establishes the fundamental Islamic principle of equality before the law. His declaration "Are you interceding regarding one of the punishments prescribed by God?" emphasizes that hudud punishments are divine rights that cannot be compromised.
The historical context explains that pre-Islamic societies often applied justice selectively, sparing the elite while punishing the weak. Islam categorically rejects this discrimination, establishing that all Muslims are equal in legal responsibility.
The Prophet's oath regarding his own daughter Fatima serves as the ultimate demonstration that no one, regardless of lineage or status, is above Islamic law. This establishes the principle that the application of hudud transcends all worldly considerations of family, tribe, or social standing.
Scholarly Commentary
Classical scholars emphasize that this hadith establishes several key legal principles: the absolute equality of all Muslims before Islamic law; the prohibition of intercession in hudud punishments; and the importance of implementing divine punishments without regard to social status.
Imam al-Nawawi comments that this narration contains one of the greatest evidences for the equality of all people in Islamic law. The Prophet's mention of previous nations' destruction serves as a severe warning against selective application of justice.
The second version mentioning the woman's specific crime of fraudulent borrowing further clarifies that theft includes various forms of unlawful taking, not merely direct stealing. Scholars derive from this that any unlawful appropriation of others' property can fall under the ruling of theft if the conditions for hudud are met.
Contemporary Relevance
This hadith remains profoundly relevant as it addresses the universal temptation to show favoritism to the powerful and influential. It reminds Muslim societies that true justice requires impartial application of law to all citizens regardless of social status.
The narration also serves as a reminder that Islamic law is ultimately divine in origin, and human beings have no authority to suspend or modify its prescribed punishments based on personal relationships or social considerations.