"There was a Makhzumi woman who used to borrow things then deny that. She was brought to the Messenger of Allah and he was told about her. He said: 'If it were Fatimah (who stole), I would cut off her hand."' It was said to Sufyan: "Who told you that?" He said: "Ayyub bin Musa, from Az-Zuhri, from 'Urwah, from 'Aishah, if Allah the mighty and Sublime, wills."
Hadith Text & Context
"There was a Makhzumi woman who used to borrow things then deny that. She was brought to the Messenger of Allah and he was told about her. He said: 'If it were Fatimah (who stole), I would cut off her hand."' It was said to Sufyan: "Who told you that?" He said: "Ayyub bin Musa, from Az-Zuhri, from 'Urwah, from 'Aishah, if Allah the mighty and Sublime, wills."
Reference: Sunan an-Nasa'i 4894 | Book: The Book of Cutting off the Hand of the Thief | Author: Sunan an-Nasa'i
Legal Principle of Equality
This narration establishes the fundamental Islamic principle that divine law applies equally to all people, regardless of social status, lineage, or wealth. The Prophet's declaration regarding his own daughter Fatimah demonstrates that no one is above Allah's law.
The Makhzumi woman belonged to a powerful Qurayshi clan, yet the Prophet made clear that her noble lineage would not protect her from legal consequences. This emphasizes that Islamic justice is blind to social distinctions.
Nature of the Offense
The woman's crime involved borrowing property and then denying the debt, which constitutes theft through false denial (ghasb). Scholars note this differs from secret theft, but still violates property rights and trust.
The Prophet's strong statement indicates the seriousness of violating trust and property rights, even when the act doesn't meet the strict technical requirements for hand-amputation.
Scholarly Commentary
Imam an-Nawawi explains this hadith demonstrates that the ruler must apply penalties equally, showing no favoritism toward relatives or powerful individuals. The Prophet used this extreme example to eliminate any doubt about his impartiality.
Ibn Hajar al-Asqalani notes the rhetorical power of mentioning Fatimah - his most beloved daughter - to emphasize that if even she would face the penalty, then certainly no one else is exempt.
Legal Implications
This narration serves as a foundational text for the principle that Islamic penalties apply uniformly. It reinforces that judges and rulers must not be swayed by the defendant's status when applying divine law.
The statement also indicates the Prophet's commitment to establishing justice as the foundation of Muslim society, where the law protects the weak against the powerful and ensures equal treatment for all.