The Book of Cutting off the Hand of the Thief

Sunan an-Nasa'i 4891

Author: Sunan an-Nasa'i

Hadith Text

A woman from Banu Makhzum stole (something), and she was brought to the Prophet. She sought the protection of Umm Salamah, but the Prophet said: "If Fatimah bint Muhammad were to steal, I would cut off her hand." And he ordered that her hand be cut off.

Scholarly Commentary

This narration establishes the principle of equality before Islamic law, demonstrating that divine legislation applies equally to all regardless of social status or lineage. The Prophet's declaration regarding his own daughter Fatimah emphasizes that no individual, however noble their ancestry, is exempt from Allah's prescribed punishments.

The woman's attempt to seek intercession through Umm Salamah, one of the Mothers of the Believers, highlights a common human tendency to seek preferential treatment through connections. The Prophet's response categorically rejects such special pleading, affirming that the hudud (prescribed penalties) are divine rights that cannot be suspended through human intercession.

Classical scholars note that this incident occurred after the revelation of the Quranic verse establishing theft punishment (5:38), demonstrating the practical application of this ruling. The implementation despite the thief's tribal prestige (Banu Makhzum were among Quraysh's elite) reinforces Islam's commitment to justice over tribal allegiances.

Jurists derive from this that the hadd punishment for theft applies equally to men and women, and that intercession by righteous people cannot legally prevent the implementation of divinely ordained punishments when all legal conditions are met.