The Book of Cutting off the Hand of the Thief

كتاب قطع السارق

Chapter 13: Things for which the hand may not be cut off

It was narrated that Rafi bin Khadij said

"I heard the Messenger of Allah say: 'The hand is not to be cut off for (stealing) produce or the spadix of palm trees."'

It was narrated from Sufyan, from Abu Az-Zubair, from Jabir that

the Messenger of Allah robber and pilferer is not to be cut off." (Sahih) Sufyan did not hear it from Abu Az-Zubair.

It was narrated from Sufyan, from Abu Az-Zubair, that Jabir said

"The Messenger of Allah said: 'The pilferer is not to be cut off."' (Sahih) Ibn Juraij also did not hear it from Abu Az-Zubair. Ibn Juraij also did not hear it from Abu Az-Zubair.

It was narrated from Jabir that the Messenger of Allah said

"The hand of the pilferer is not to be cut off."

It was narrated from Hajjaj from Ibn Juraij from Abu Az-Zubair, that Jabir said

"The hands of the traitor is not to be cut off." (Sahih) Abu 'Abdur-Rahman (An-Nasai) said: This Hadith had been reported from Ibn Juraij by 'Isa bin Yunus, Al-Fadl bin Musa, Ibn Wahb, Muhammad bin Rabiah, Makhlad bin Yazid, and Salamah bin Saeed from Al-Basrah, who is trustworthy and Ibn Abi Safwan said: "He was the best of the people of his time" and not one of them said: "Abu Az-Zubair narrated to me" and I do not think that he heard it from Abu Az-Zubair, and Allah knows best.

It was narrated that Jabir said

"The Messenger of Allah said: 'The hand of the pilferer, robber and traitor is not to be cut off."'

It was narrated that Jabir said

"The hand of the traitor is not to be cut off." (Sahih) Abu 'Abdur-Rahman (An-Nasai) said: Ashath bin Sawwar (one of its narrators) is weak.

Chapter 14: Cutting off the thief's foot after his hand .

It was narrated from Al-Harith bin Hatib that a thief was brought to the Messenger of Allah and he said

"Kill him." They said: "O Messenger of Allah, he only stole (something)." He said: "Kill him." They said: "O Messenger of Allah, he only stole (something)." He said: "Cut off his hand." Then he stole again, and his foot was cut off. Then he stole at the time of Abu Bakr, untilo all his extremities had been cut off. Then he stole a fifth time, and Abu Bakr, may Allah be pleased with him, said: "The Messenger of Allah knew better about him when he said: 'Kill him."' Then he handed him over to some young men of Quraish to kill him, among whom was 'Abdullah bin Az-Zubair who liked to be in a position of leadership. He said: "Put me in charge of them," so they put him in charge of them and when he struck him, they would strike him, until they killed him.

Chapter 15: Cutting off the hands and feet of the thief

It was narrated that Jabir bin 'Abdullah said

"A thief was brought to the Messenger of Allah and he said: 'Kill him.' They said: 'O Messenger of Allah, he only stole.' He said: 'Cut off (his hand).' So his hand was cut off. Then he was brought a second time and he said: 'Kill him.' They said; 'O Messenger of Allah, he only stole.' He said: 'Cut off (his foot).' So his foot was cut off. He was brought to him a third time and he said: 'Kill him.' They said: 'O Messenger of Allah, he only stole. He said: 'Cut off (his other hand).' Then he was brought to him a fourth time and he said: Kill him.' They said: 'O Messenger of Allah, he only stole.' He said: 'Cut off (his other foot).' He was brought to him a fifth time and he said: "So we took him to an animal pen and attacked him. He lay down on his back then waved his arms and legs (in the air), and the camels ran away. Then they attacked him a second time and he did the same thing, then they attacked him a third time, and we threw stones at him and killed him, then we threw him into a well and threw stones on top of him." (Hasan)Abu 'Abdur-Rahman (An-Nasai) said: This Hadith is Munkar, Musab bin Thabit is not strong in Hadith.

Chapter 16: Cutting (The thief's hand off) while traveling

It was narrated that Junadah bin Abi Umayyah said

"I heard Busr bin Abi Artah say: 'I heard the Messenger of Allah say: Hand should not be cut off while traveling."'

It was narrated from Abu Hurairah that the Prophet said

"If a slave steals, then sell him, even for half price." (Hasan)Abu 'Abdur-Rahman (An-Nasai) said: 'Umar bin Abi Salamah is not strong in Hadith.

Chapter 17: Definition of Puberty and the age at which the Hadd punishment May be carried out on a man or a woman

It was narrated that 'Atiyyah said

'I was among the prisoners of Quraizah; we were examined, and whoever had grown (pubic) hair was killed, and whoever had not grown hair, he was allowed to live and was not killed."

Chapter 18: Hanging the thief's hand from his neck

It was narrated that Ibn Muhairiz said;"I asked Fadalah bin 'Ubaid about hanging the hand (of the thief) from his neck, and he said

'It is Sunnah. The Messenger of Allah cut off a thief's hand then hung it from his neck."'(Daif)

It was narrated that 'Abdur-Rahman bin Muhairiz said

"I said to Fadalah bin 'Ubaid: 'Do you think that hanging the hand from the thief's neck is Sunnah?' He said: 'Yes; a thief was brought to the Messenger of Allah and he cut off his hand and hung it from his neck."' (Daif)Abu 'Abdur-Rahman (An-Nasai) said; Al-Hajjaj bin Artah is weak, his narrations are not used as proof.

It was narrated from 'Abdur-Rahman bin 'Awf that the Messenger of Allah said

"The thief is not to be penalized (financially) if the Hadd punishment is carried out on him." (Daif)Abu 'Abdur-Rahman (An-Nasai) said: This is Mursal and it is not confirmed.