The Book of Legal Punishments

كتاب الحدود

Chapter 1: The Hadd for stealing and the minimum threshold

'A'isha reported that Allah's Messenger (ﷺ) cut off the hand of a thief for a quarter of a dinar rid upwards.

This hadith has been transmitted on the authority of Zuhri.

'A'isha reported Allah's Messenger (ﷺ) as saying

The hand of a thief should not be cut off but for a quarter of a dinar and upwards.

'A'isha reported

I heard Allah's Messenger (ﷺ) as saying: The hand (of a thief) should not be cut off but for a quarter of a dinar and what is above that.

'A'isha reported that she heard Allah's Apostle (ﷺ) as saying

The hand of the thief may not be cut off but for a quarter of a dinar and upwards.

A hadith like this has been narrated on the authority of Yazid b. 'Abdullah b. al-Had with the same chain of transmitters.

'A'isha reported that during the lifetime of Allah's Messenger (ﷺ) the hand of the thief was not cut off for less than the price of a shield, iron coat or armour and both of them are valuable.

This hadith has been narrated on the authority of Hisham through another chain of transmitters, and in the hadith narrated by 'Abd al-Rahim and Abu Usama (the words are)

" That (the shield) was valuable those days."

Ibn 'Umar reported that Allah's Messenger (may peace upon him) cut off the hand of a thief (in case of the theft) of a shield the price of which was three dirhams.

This hadith has been narrated on the authority of Ibn 'Umar through some other chains of transmitters but with a slight variation of words.

Abu Huraira reported Allah's Messenger (ﷺ) as saying

Let there be the curse of Allah upon the thief who steals an egg and his hand is cut off, and steals a rope and his hand is cut off.

This hadith is narrated on the authority of A'mash with the same chain of transmitters with a slight variation of words.

Chapter 2: Cutting off the hand of a thief from the nobility and others; the prohibition of interceding with regard to Hudud punishments

'A'isha reported that the Quraish had been anxious about the Makhzumi woman who had committed theft, and said

Who will speak to Allah's Messenger (ﷺ) about her? They said: Who dare it, but Usama, the loved one of Allah's Messenger (ﷺ)? So Usama spoke to him. Thereupon Allah's Messenger (ﷺ) said: Do you intercede regarding one of the punishments prescribed by Allah? He then stood up and addressed (people) saying: O people, those who have gone before you were destroyed, because if any one of high rank committed theft amongst them, they spared him; and it anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off. In the hadith transmitted on the authority of Ibn Rumh (the words are):" Verily those before you perished."

`A'isha, the wife of Allah's Apostle (ﷺ), reported that the Quraish were concerned about the woman who had committed theft during the lifetime of Allah's Apostle (ﷺ), in the expedition of Victory (of Mecca). They said

Who would speak to Allah's Messenger (ﷺ) about her? They (again) said: Who can dare do this but Usama b. Zaid, the loved one of Allah's Messenger (ﷺ)? She was brought to Allah's Messenger (ﷺ) and Usama b. Zaid spoke about her to him (interceded on her behalf). The color of the face of Allah's Messenger (ﷺ) changed, and he said: Do you intercede in one of the prescribed punishments of Allah? He (Usama) said: 'Messenger of Allah, seek forgiveness for me.' When it was dusk. Allah's Messenger (ﷺ) stood up and gave an address. He (first) glorified Allah as He deserves, and then said: Now to our topic. This (injustice) destroyed those before you that when any one of (high) rank committed theft among them, they spared him, and when any weak one among them committed theft, they inflicted the prescribed punishment upon him. By Him in Whose Hand is my life, even if Fatima daughter of Muhammad were to commit theft, I would have cut off her hand. He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. `A'isha (further) said: Hers was a good repentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah's Messenger (ﷺ).

'A'isha reported that a woman from the tribe of Makhzum used to borrow things (from people) and then denied (having taken them). Allah's Apostle (ﷺ) commanded her hand to be cut off. Her relatives came to Usama b. Zaid and spoke to him (requesting him to intercede on her behalf). He spoke to Allah's Messenger (ﷺ) about her. The rest of the hadith is the same.

Jaibir reported that a woman from the tribe of Makhzum committed theft. She was brought to Allah's Apostle (ﷺ) and she sought refuge (intercession) from Umm Salama, the wife of Allah's Apostle (ﷺ). Thereupon Allah's Apostle (ﷺ) said

By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.

Chapter 3: The Hadd punishment for Zina (fornication, adultery)

'Ubada b. as-Samit reported

Allah's Messenger (ﷺ) as saying: Receive (teaching) from me, receive (teaching) from me. Allah has ordained a way for those (women). When an unmarried male commits adultery with an unmarried female (they should receive) one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.

The above hadith is likewise narrated through another chain of transmitters.

'Ubada b. as-Samit reported that whenever Allah's Apostle (ﷺ) received revelation, he felt its rigour and the complexion of his face changed. One day revelation descended upon him, he felt the same rigour. When it was over and he felt relief, he said

Take from me. Verily Allah has ordained a way for them (the women who commit fornication),: (When) a married man (commits adultery) with a married woman, and an unmarried male with an unmarried woman, then in case of married (persons) there is (a punishment) of one hundred lashes and then stoning (to death). And in case of unmarried persons, (the punishment) is one hundred lashes and exile for one year.