The Book of Legal Punishments

كتاب الحدود

Chapter 1: The Hadd for stealing and the minimum threshold

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

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.

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 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.

Chapter 4: Stoning of a married person for Zina

'Abdullah b. 'Abbas reported that 'Umar b. Khattab sat on the pulpit of Allah's Messenger (ﷺ) and said

Verily Allah sent Muhammad (ﷺ) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. Allah's Messenger (ﷺ) awarded the punishment of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the punishment of stoning, I am afraid that with the lapse of time, the people (may forget it) and may say: We do not find the punishment of stoning in the Book of Allah, and thus go astray by abandoning this duty prescribed by Allah. Stoning is a duty laid down in Allah's Book for married men and women who commit adultery when proof is established, or it there is pregnancy, or a confession.

Chapter 5: One who confesses to Zina

Ibn Shihab (one of the narrators) said

One who had heard Jabir b. 'Abdullah saying this informed me thus: I was one of those who stoned him. We stoned him at the place of prayer (either that of 'Id or a funeral). When the stones hurt him, he ran away. We caught him in the Harra and stoned him (to death).

This hadith has been narrated on the authority of Abu Huraira through other chains of transmitters.

This hadith has been narrated on the authority of Jabir b. Samura through another chain of transmitters with the difference that along with the mentioning (of the fact) that he (the Holy Prophet) turned him away twice, or thrice.

Sulaiman b. Buraida reported on the authority of his father that Ma, iz b. Malik came to Allah's Apostle (ﷺ) and said to him

Messenger of Allah, purify me, whereupon he said: Woe be upon you, go back, ask forgiveness of Allah and turn to Him in repentance. He (the narrator) said that he went back not far, then came and said: Allah's Messenger, purify me. whereupon Allah's Messenger (ﷺ) said: Woe be upon you, go back and ask forgiveness of Allah and turn to Him in repentance. He (the narrator) said that he went back not far, when he came and said: Allah's Messenger, purify me. Allah's Apostle (ﷺ) said as he had said before. When it was the fourth time, Allah's Messenger (may, peace be upon him) said: From what am I to purify you? He said: From adultery, Allah's Messenger (ﷺ) asked if he had been mad. He was informed that he was not mad. He said: Has he drunk wine? A person stood up and smelt his breath but noticed no smell of wine. Thereupon Allah's Messenger (ﷺ) said: Have you committed adultery? He said: Yes. He made pronouncement about him and he was stoned to death. The people had been (divided) into two groups about him (Ma'iz). One of them said: He has been undone for his sins had encompassed him, whereas another said: There is no repentance more excellent than the repentance of Ma'iz, for he came to Allah's Apostle (ﷺ) and placing his hand in his (in the Holy Prophet's) hand said: Kill me with stones. (This controversy about Ma'iz) remained for two or three days. Then came Allah's Messenger (ﷺ) to them (his Companions) as they were sitting. He greeted them with salutation and then sat down and said: Ask forgiveness for Ma'iz b. Malik. They said: May Allah forgive Ma'iz b. Malik. Thereupon Allah's Messenger (ﷺ) said: He (Ma'iz) has made such a repentance that if that were to be divided among a people, it would have been enough for all of them. He (the narrator) said: Then a woman of Ghamid, a branch of Azd, came to him and said: Messenger of of Allah, purify me, whereupon he said: Woe be upon you; go back and beg forgiveness from Allah and turn to Him in repentance. She said: I find that you intend to send me back as you sent back Ma'iz. b. Malik. He (the Holy, Prophet) said: What has happened to you? She said that she had become pregnant as a result of fornication. He (the Holy Prophet) said: Is it you (who has done that)? She said: Yes. He (the Holy Prophet) said to her: (You will not be punished) until you deliver what is there in your womb. One of the Ansar became responsible for her until she was delivered (of the child). He (that Ansari) came to Allah's Apostle (ﷺ) and said the woman of Ghamid has given birth to a child. He (the Holy Prophet) said: In that case we shall not stone her and so leave her infant with none to suckle him. One of the Ansar got up and said: Allah's Apostle, let the responsibility of his suckling be upon me. She was then stoned to death.

Chapter 6: Stoning Jews and Ahl Adh-Dhimmah for Zina

Jabir b. 'Abdullah reported that Allah's Apostle (ﷺ) stoned (to death) a person from Banu Aslam, and a Jew and his wife.

This hadith has been narrated on the authority of Abu Huraira and Zaid b. Khalid al-Jubani, but in this no merition is made of the words of Ibn Shihab that dafir means rope.

Chapter 7: Delaying the Hadd punishment in the case of women who have just given birth

This hadith has been narrated on the authority of as-Suddi with the same chain of trznsmitters, but he did not mention

" Those who are married and those who are not married." There is also an addition in it:" I spare her until she is all right."

Chapter 8: Hadd punishment for drinking alcohol

Anas b. Malik reported that a person who had drink wine was brought to Allah's Apostle (ﷺ). He gave him forty stripes with two lashes. Abu Bakr also did that, but when Umar (assumed the responsibilities) of the Caliphate, he consulted people and Abd al-Rahman said

The mildest punishment (for drinking) is eighty (stripes) and 'Umar their prescribed this punishment.

Anas reported that Allah's Apostle (ﷺ) used to strike forty times with shoes and palm branches (in case of drinking of) wine. The rest of the hadith is the same and there is no mention of pastures and towns.

Chapter 10: The Hadd punishments are an expiation for those on whom they are carried out

Ubida b. as-Samit reported

While we were in the company of Allah's Messenger (may peace be upoi him) he said: Swear allegiance to me that you will not associate anything with Allah, that you will not commit adultery, that you will not steal, that you will not take any life which it is forbidden by Allah to take but with (legal) justification; and whoever among you fulfils it, his reward is with Allah and he who commits any such thing and is punished for it, that will be all atonement for it And if anyone commits anything and Allah conceals (his faultfls), his matter rests with Allah. He may forgive if He likes, and He may punish him if He likes.

This hadith has been narrated on the authority of Zuhri with the same chain of transmitters with this addition

" He recited to us the verse pertaining to women, viz, that they will not associate anything with Allah.

Chapter 11: There is no Diyah for injuries caused by animals or by falling into a mine or well

A hadith like this has been transmitted on the authority of Zuhri.

A hadith like this has been transmitted on the authority of Abu Huraira.

Chapter 1: The Hadd for stealing and the minimum threshold

'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.

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