Prescribed Punishments

كتاب الحدود

Chapter 5: Maiming for Theft - Section 2

Jabir reported God’s Messenger as saying, "Cutting off the hand is not to be inflicted on one who plunders, but he who does so conspicuously does not belong to us.” Abu Dawud transmitted it.

He reported the Prophet as saying, “Cutting off the hand is not to be inflicted on one who is treacherous, one who plunders, or one who snatches something.” Tirmidhi, Nasa’i, Ibn Majah and Darimi transmitted it.

It is transmitted in Sharh as-sunna that Safwan b. Umayya came to Medina and slept in the mosque, using his cloak as a pillow. A thief came and took his cloak and Safwan seized him and brought him to God’s Messenger who ordered that his hand should be cut off. Safwan then said, "This was not my intention. I give it to him as sadaqa.” God’s Messenger replied, "Why did you not do so before bringing him to me?” Ibn Majah transmitted something similar on the authority of ‘Abdallah b. Safwan who quoted his father’s authority, and Darimi did so also on the authority of Ibn ‘Abbas.

Busr b. Artat told that he heard God’s Messenger say, "Hands are not to be cut off during a warlike expedition.” Tirmidhi, Darimi, Abu Dawud and Nasa’i transmitted it, but the last two have "journey” in place of "warlike expedition.”

Abu Salama quoted Abu Huraira’s authority to the effect that God’s Messenger said regarding a thief, "If he steals cut off his hand, if he steals again cut off his foot, if he steals again cut off his hand, and if he steals again cut off his foot.” It is transmitted in Sharh as-sunna.

Jabir told that a thief was brought to the Prophet and he said, "Maim him,* so this was done. He was brought a second time and he said, "Maim him,” so this was done. He was brought a third time and he said, "Maim him,” so this was done. He was brought a fourth time and he said, "Maim him,” so this was done. He was brought a fifth time and he said, "Kill him,” so they took him away and killed him. They then dragged him and cast him into a well and threw stones over him. Abu Dawud and Nasa’i transmitted it. In Sharh as-sunna the Prophet is reported as saying regarding the maiming of a thief, "Maim him, then cauterise him."* Where there has been one offence I have translated 'cut off the hand’, but here, where the verb 'to cut off’ is used without an object, I have found it more convenient to use a general word. In the previous tradition the hands and feet were mentioned in the Arabic.

Fadala b. 'Ubaid said a thief was brought to God’s Messenger, and when his hand was cut off he gave command that it should be hung on his neck. Tirmidhi, Aba Dawud, Nasa’i and Ibn Majah transmitted it.

Abu Huraira reported God’s Messenger as saying, "When, a slave steals sell him, even though it be for half an uqiyah.”* Abu Dawud, Nasa’i and Ibn Majah transmitted it.* Nashsh, This is half an uqiya, or twenty dirhams.

Chapter 6: Maiming for Theft - Section 3

‘A’isha told that when a thief was brought to God’s Messenger and he had his hand cut off, those who brought him said, "We did not think you would go so far as this with him.” He replied, "If Fatima had been the one, I would have had her hand cut off.” Nasa’i transmitted it.

Ibn 'Umar told that a man brought a slave of his to 'Umar and said, "Cut off his hand, for he has stolen a mirror belonging to my wife.” 'Umar replied, "Cutting off the hand may not be inflicted on him. It is your servant who has taken your belongings.” Malik transmitted it.

Abu Dharr told that God’s Messenger addressed him by name and he replied, "At your service and at your pleasure, Messenger of God.” He said, "How will you do when death 1 smites people and a house, meaning a grave, will cost as much as a slave?” On his replying that God and His apostle knew best, he said, "Show endurance.” Hammad b. [Abu] Sulaiman said that the hand of one who rifles a grave 2 should be cut off because he had entered the deceased’s house. Abu Dawud transmitted it.1. Here "death” is used as a figure for a severe pestilence.2. Mirqat, iv, 59, say this is done to steal the shroud.

Chapter 7: Intercession regarding Prescribed Punishments - Section 1

‘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.

Chapter 8: Intercession regarding Prescribed Punishments - Section 2

‘Abdallah b. ‘Umar told that he heard God’s Messenger say, “If anyone’s intercession intervenes as an obstacle to one of the punishments prescribed by God he has opposed God; if anyone disputes knowingly about something which is false he remains in the displeasure of God most high till he desists; and if anyone makes an untruthful accusation against a Muslim he will be made by God to dwell in the corrupt fluid flowing from the inhabitants of hell* till he retracts his statement.”Ahmad and Abu Dawud transmitted it. * Radghat al-khabal.In a version by Baihaqi in Shu'ab al-iman it says, “He who assists in a dispute, not knowing whether it is true or false, will remain in God’s displeasure till he desists.”Baihaqi in Shu'ab al-iman

Abu Umayya al-Makhzumi told that a robber who had made acknowledgment was brought to the Prophet, but no goods were found with him. God’s Messenger said to him, “I do not think you have stolen.” He replied that he had and repeated it to him twice or thrice, making acknowledgment all the time, so he gave orders and his hand was cut off. He was then brought to him and God’s Messenger said to him, “Ask God’s pardon and turn to Him in repentance.” He said, “I ask God’s pardon and turn to Him in repentance.” God's Messenger then said three times, “O God, forgive him.” Abu Dawud, Nasa’i, Ibn Majah and Darimi transmitted it. Thus did I find it in the four texts quoted, in Jami' al-usul, Shu'ab al-iman, and Ma'alim as-sunan on the authority of Abu Umayya, but in the texts of al-Masabih it is given on the authority of Abu Rimtha.**This is the kind of misunderstanding which can easily arise owing to the similarity of امیۃ and رمثۃ if not carefully written.

Chapter 9: Intercession regarding Prescribed Punishments - Section 3

Chapter 10: The Prescribed Punishment for Drinking Wine - Section 1

Anas told that the Prophet gave a beating with palm branches and sandals for drinking wine and that Abu Bakr gave forty lashes. (Bukhari and Muslim.) In a version on his authority it says that the Prophet used to give forty stripes with palm branches and sandals for drinking wine.

As-Sa’ib b. Yazid said

When a drinker was brought in the time of God’s Messenger, during Abu Bakr’s Caliphate and in the beginning of ‘Umar’s Caliphate, we beat him with our hands, sandals and cloaks, but at the end of ‘Umar’s Caliphate he inflicted forty stripes, and when people were immoderate and excessively wicked he inflicted eighty stripes. Bukhari transmitted it.

Chapter 11: The Prescribed Punishment for Drinking Wine - Section 2

Jabir reported the Prophet as saying, “Beat anyone who drinks wine, and if he does it a fourth time kill him.” He said that after that a man who had drunk wine four times was brought to the Prophet and he beat him, but did not kill him. Tirmidhi transmitted it, and Abu Dawud transmitted it on the authority of Qablsa b. Dhu’aib. Another version by both of them and by Nasa’i, Ibn Majah and Darimi on the authority of some of the companions of God’s Messenger, including Ibn ‘Umar, Mu'awiya, Abu Huraira and ash-Sharid, stops at “kill him.”** This means that they gave only the Prophet’s words, and did not say anything about the man who was not killed.

‘Abd ar-Rahman b. al-Azhar said

I can still picture myself looking at God’s Messenger when a man who had drunk wine was brought before him and he told the people to beat him. Some struck him with sandals, some with sticks and some with mitakhas. Ibn Wahb said this means green palm fronds. Then God’s Messenger took some dust from the ground and threw it in his face. Abu Dawud transmitted it.

Abu Huraira said

When a man who had drunk wine was brought to God’s Messenger he told us to beat him, and some struck him with their hands, some with their garments and some with their sandals. He then told them to reproach him, and they faced him and said, “You have not respected God, you have not feared God, and you have not shown shame before God’s Messenger.” But when some of the people said, “God put you to shame!” he told them not to say that and help the devil to get power over him, but to say, “O God, forgive him. O God show mercy to him.” Abu Dawud transmitted it.