a woman stole at the time of the Messenger of Allah, during the Conquest, and she was brought to the Messenger of Allah. Usamah bin Zaid spoke to him concerning her. But when he spoke to him, the face of the Messenger of Allah changed color, and the Messenger of Allah said: "Are you interceding concerning one of the Hadd punishment decreed by Allah?" Isa,aj said to him: "O Messenger of Allah ask Allah to forgive me!" When evening came, the Messenger of Allah stood up and praised and glorified Allah, the mighty and sublime, as He deserves, then he said: "The people who came before you were destroyed because whenever a noble person among them stole, they would let him go. But if one who was weak stole, they would carry out the Hadd punishment on him." Then he said: "By the One in whose hand is my soul, if Fatimah bint Muhammad were to steal, I would cut off her hand."
The Book of Cutting off the Hand of the Thief - Sunan an-Nasa'i 4902
This narration from Sunan an-Nasa'i demonstrates the profound wisdom behind Islamic penal legislation and the absolute justice required in implementing divine limits.
Context and Circumstances
The incident occurred during the Conquest of Mecca, a period of mass conversion when many embraced Islam. The thief was a woman from a noble tribe, and Usamah ibn Zaid—a beloved companion—attempted intercession on her behalf.
The Prophet's facial discoloration manifested his righteous anger at any attempt to compromise Allah's prescribed punishments, demonstrating that divine law transcends personal relationships.
Scholarly Commentary on Legal Principles
The Prophet's statement "Are you interceding concerning one of the Hadd punishments decreed by Allah?" establishes that Hudud punishments are divine rights that cannot be waived through intercession, unlike civil claims where victims may forgive.
His explanation of previous nations' destruction highlights the catastrophic consequences of applying justice selectively—pardoning elites while punishing the weak. This establishes equality before Islamic law as a fundamental principle.
The Ultimate Demonstration of Justice
The Prophet's oath regarding his daughter Fatimah constitutes the strongest possible emphasis on legal equality. As the most beloved person to him, this hypothetical scenario demonstrates that no one—regardless of status, lineage, or proximity to the Prophet—receives preferential treatment under Islamic law.
This establishes that Islamic justice is blind to social status, wealth, and power, applying equally to all members of society without discrimination.
Legal Requirements for Theft Punishment
Classical scholars note that hand-cutting requires specific conditions: the stolen property must reach the nisab (minimum value), be taken from secure custody, and there must be clear evidence. The woman's case evidently met all legal requirements despite her status.
The punishment serves as both individual deterrent and social protection, preserving property rights while maintaining societal equilibrium through divinely prescribed justice.