"A thief was brought to the hand." They said: "We did not think that you would take it so far." He said: "If it were Fatimah (who stole), I would cut off her hand."
Hadith Text & Context
The narration from Sunan an-Nasa'i 4896 describes an incident where a thief was brought before the Prophet Muhammad (peace be upon him) for the prescribed punishment (hadd). The companions expressed surprise at the severity of the ruling, to which the Prophet responded with the profound statement about his daughter Fatimah.
Scholarly Commentary: The Principle of Justice
This hadith establishes one of the most fundamental principles of Islamic governance: the absolute equality of all before the law. The scholars explain that the Prophet's mention of his own daughter, Fatimah—who was the most beloved to him—serves to eliminate any possibility of favoritism or nepotism.
Imam an-Nawawi comments that this demonstrates that the divinely prescribed legal punishments (hudud) are to be applied universally, regardless of the social status, lineage, or gender of the offender. The law is blind to worldly distinctions.
Conditions for Amputation
Classical jurists, referencing this and other texts from "The Book of Cutting off the Hand of the Thief" in Sunan an-Nasa'i, detail strict conditions that must be met before amputation. These include the item reaching the nisab (minimum value, often a quarter dinar of gold), being stolen from a secure location (hirz), and there being no shred of doubt about the theft.
The companions' initial hesitation, as recorded in the hadith, is understood by scholars like Ibn Hajar al-Asqalani as reflecting the gravity of the punishment and the natural human desire for mercy, which is why the evidential standards are set so high.
The Objective of the Law
The ultimate wisdom (hikmah) behind this severe punishment is the protection of society's wealth and property—one of the five essential objectives (maqasid) of Islamic Law. By establishing a powerful deterrent, the law seeks to preserve public order and security.
Scholars emphasize that the application of hudud is not an act of vengeance but a divine injunction meant to purify the offender in the hereafter and serve as a clear warning to others, thereby minimizing the occurrence of the crime itself and creating a just and safe society for all.