"Who will speak concerning her?" They said: "Who would dare to do that except Usamah bin Zaid, the beloved of the Messenger of Allah?" said: "Those who came before you were destroyed because whenever a noble person among them stole they would let him go. But if a person who was weak stole, they would carry out the Hadd punishment. By Allah, if Fatimah, the daughter of Muhammad, were to steal, I would ct off her hand."
The Book of Cutting off the Hand of the Thief
Sunan an-Nasa'i 4901
Hadith Context & Significance
This profound narration from Sunan an-Nasa'i demonstrates the absolute justice and equality in Islamic penal law. The Prophet Muhammad ﷺ established that divine punishments (hudud) must be applied uniformly, regardless of social status, wealth, or lineage.
The mention of Usamah bin Zaid as the intercessor highlights his special status, yet the Prophet's response transcends all personal relationships in matters of Allah's prescribed limits.
Scholarly Commentary
Classical scholars explain that the Prophet's statement about previous nations being destroyed refers to their selective application of justice. When they exempted elites from punishment while punishing the weak, they violated divine justice and incurred Allah's wrath.
The dramatic declaration concerning Fatimah - the Prophet's beloved daughter - serves as the ultimate demonstration that no one is above Allah's law. This establishes the principle that Islamic law must be applied without favoritism or discrimination.
Scholars emphasize that this hadith establishes the foundation for equal application of Islamic penal code, ensuring that justice prevails over all considerations of status, wealth, or personal connections.
Legal Principles Derived
The hadith establishes that hudud punishments cannot be waived based on social status. All Muslims stand equal before Islamic law.
It prohibits intercession (shafa'ah) in matters of prescribed punishments once the crime has been established through proper evidence.
The narration serves as a warning against the corruption that occurs when justice becomes selective, reminding rulers and judges of their grave responsibility.