The Book of Cutting off the Hand of the Thief

Sunan an-Nasa'i 4900

Hadith Text

"A woman of Quraish, from banu Makhzum, stole, and she was brought to the Prophet. They said: 'Who will speak to him concerning her?' They said: 'Usamah bin Zaid.' So he came to the Prophet and spoke to him. But he rebuked him, and he said; 'Among the Children of Israel, if a noble person stole, they would let him go. But if a low-class person stole, they would cut off his hand. By the One in whose hand is the soul of Muhammad, if Fatimah bint Muhammad were to steal, I would cut off her hand.""

Scholarly Commentary

This profound narration establishes the fundamental Islamic principle of equality before the law. The Prophet's stern response to Usamah's intercession demonstrates that divine legislation applies equally to all, regardless of social status or lineage.

The reference to the Children of Israel serves as a warning against the corruption that occurs when justice becomes selective. The Prophet's oath regarding his own daughter Fatimah emphasizes the absolute nature of this principle - even the closest relatives of the Prophet are subject to the same divine law.

This hadith establishes that the legal punishment (hadd) for theft applies when all conditions are met, without consideration of the thief's social standing. The ruling applies equally to nobles and commoners, rich and poor, demonstrating Islam's commitment to justice over tribal loyalties.

Legal Implications

This narration forms a foundational text in Islamic jurisprudence regarding the application of hudud punishments. Scholars derive from it that intercession (shafa'ah) is invalid in matters of divinely prescribed punishments.

The hadith also clarifies that the ruling applies regardless of gender, as evidenced by the case involving a woman from a noble tribe. All classical schools of jurisprudence cite this hadith as evidence for the uniform application of Islamic criminal law.