أَخْبَرَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، قَالَ أَنْبَأَنَا سُفْيَانُ، قَالَ كَانَتْ مَخْزُومِيَّةٌ تَسْتَعِيرُ مَتَاعًا وَتَجْحَدُهُ فَرُفِعَتْ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم وَكُلِّمَ فِيهَا فَقَالَ ‏"‏ لَوْ كَانَتْ فَاطِمَةَ لَقَطَعْتُ يَدَهَا ‏"‏ ‏.‏ قِيلَ لِسُفْيَانَ مَنْ ذَكَرَهُ قَالَ أَيُّوبُ بْنُ مُوسَى عَنِ الزُّهْرِيِّ عَنْ عُرْوَةَ عَنْ عَائِشَةَ إِنْ شَاءَ اللَّهُ تَعَالَى ‏.‏
Translation
It was narrated from 'Aishah that

a woman stole at the time of Messenger of Allah and they said: "We cannot speak to him concerning her; there is no one who can speak to him except his beloved, Usamah." So he spoke to him, and he said"O Usamah, the Children of Israel were destroyed for such a thing. Whenever a noble person among them stole, they would let him go, but if a low-class person among them stole, they would cut off his hand. If it were Fatimah bint Muhammad (who stole), I would cut off her hand."

Comment

The Book of Cutting off the Hand of the Thief

Sunan an-Nasa'i 4897

Context and Occasion of Revelation

This hadith addresses a critical incident where intercession was sought for a female thief due to her social status. The companions hesitated to approach the Prophet directly, relying instead on his beloved companion Usamah ibn Zayd to plead for mercy.

The Prophet's response demonstrates Islam's fundamental principle of equality before the law, rejecting any special treatment based on lineage, wealth, or social standing.

Scholarly Commentary on Legal Principles

The reference to the destruction of the Children of Israel serves as a grave warning against applying justice selectively. When societies exempt the elite from punishment while enforcing laws strictly against the weak, they invite divine wrath and social collapse.

The Prophet's declaration that he would cut the hand of his own daughter Fatimah establishes that no Muslim, regardless of their proximity to the Prophet or noble lineage, is above the divinely prescribed punishments (hudud).

Conditions for Implementing the Punishment

Islamic jurists emphasize that cutting the hand requires specific conditions: the stolen property must reach the nisab (minimum value), be taken from a secure place, and there must be clear evidence without doubt.

The punishment serves as both a deterrent and a purification for the offender, while protecting society's wealth and establishing justice as the foundation of Muslim community life.