سنن ابي داود
Abu Dawud
كتاب الحدودPrescribed Punishments (Kitab Al-Hudud)
باب فِي التَّلْقِينِ فِي الْحَدِّChapter: Prompting with regard to hadd.
Hadith 4380
اُردوEn
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيل ، حَدَّثَنَا حَمَّادٌ ، عَنْ إِسْحَاق بْنِ عَبْدِ اللَّهِ بْنِ أَبِي طَلْحَةَ ، عَنْ أَبِي الْمُنْذِرِ مَوْلَى أَبِي ذَرٍّ ، عَنْ أَبِي أُمَيَّةَ الْمَخْزُومِيِّ ، " أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أُتِيَ بِلِصٍّ قَدِ اعْتَرَفَ اعْتِرَافًا وَلَمْ يُوجَدْ مَعَهُ مَتَاعٌ ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : مَا إِخَالُكَ سَرَقْتَ ، قَالَ : بَلَى ، فَأَعَادَ عَلَيْهِ مَرَّتَيْنِ أَوْ ثَلَاثًا فَأَمَرَ بِهِ فَقُطِعَ وَجِيءَ بِهِ ، فَقَالَ : اسْتَغْفِرِ اللَّهَ وَتُبْ إِلَيْهِ ، فَقَالَ : أَسْتَغْفِرُ اللَّهَ وَأَتُوبُ إِلَيْهِ ، فَقَالَ : اللَّهُمَّ تُبْ عَلَيْهِ ثَلَاثًا ، ، قَالَ أَبُو دَاوُد : رَوَاهُ عَمْرُو بْنُ عَاصِمٍ ، عَنْ هَمَّامٍ ، عَنْ إِسْحَاق بْنِ عَبْدِ اللَّهِ ، قَالَ : عَنْ أَبِي أُمَيَّةَ رَجُلٍ مِنَ الْأَنْصَارِ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ .
Narrated Abu Umayyah al-Makhzumi: A thief who had accepted (having committed theft) was brought to the Prophet ﷺ, but no good were found with him. The Messenger of Allah ﷺ, said to him: I do not think you have stolen. He said: Yes, I have. He repeated it twice or thrice. So he gave orders. His hand was cut off and he was then brought to him. He said: Ask Allah's pardon and turn to Him in repentance. He said: I ask Allah's pardon and turn to Him in repentance. He (the Prophet) then said: O Allah, accept his repentance. Abu Dawud said: It has been transmitted by Amr bin Asim, from Hammam, from Ishaq bin Abdullah from Abu Ummayyah, a man of the Ansar from the Prophet ﷺ.
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ It is understood that in the case of a crime warranting a prescribed punishment (hadd), if someone confesses voluntarily, it is recommended (mustahabb) to speak to him in such a manner that he retracts his confession and is saved from the prescribed punishment.
➋ Even after the prescribed punishment (hadd) has been carried out, the criminal should be encouraged to seek forgiveness (istighfar) and repent (tawbah), because if someone is not content with these prescribed punishments and considers his crime to be correct, then this hadd cannot serve as expiation (kaffarah) for him.
Whereas for a person of faith and submission, the prescribed punishments are expiation.
(, , ) (Sahih al-Bukhari, Book of Hudud, Chapter: Hudud are expiation, Hadith: 6784)
➊ It is understood that in the case of a crime warranting a prescribed punishment (hadd), if someone confesses voluntarily, it is recommended (mustahabb) to speak to him in such a manner that he retracts his confession and is saved from the prescribed punishment.
➋ Even after the prescribed punishment (hadd) has been carried out, the criminal should be encouraged to seek forgiveness (istighfar) and repent (tawbah), because if someone is not content with these prescribed punishments and considers his crime to be correct, then this hadd cannot serve as expiation (kaffarah) for him.
Whereas for a person of faith and submission, the prescribed punishments are expiation.
(, , ) (Sahih al-Bukhari, Book of Hudud, Chapter: Hudud are expiation, Hadith: 6784)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4380
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الحدود، باب في التلقين في الحد، حديث:4380، والنسائي، قطع السارق، حديث:4881، وأحمد:5 /293، وحديث أبي هريرة: أخرجه الحاكم:4 /381، وصححه علي شرط مسلم، والبزار (كشف الأستار):2 /220.»©Explanation:
➊ The aforementioned narration has been declared weak in its chain by our esteemed researcher, whereas some scholars have considered it to be “hasan li ghayrihi” (sound due to supporting narrations) based on corroborating evidence, as the author has also narrated this report from Abu Hurayrah radi Allahu anhu and has stated: «لاَبَأْسَ بِإِسْنَادِہٖ» There is no defect in its chain; therefore, the preferred opinion appears to be that the aforementioned narration is actionable based on supporting evidence.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 37/184)
➋ This hadith establishes that if someone confesses to theft before a court, even if the stolen property is not recovered from him, the punishment is the amputation of the hand (qat‘ yad).
➌ After the amputation of the hand (qat‘ yad), it is necessary to adopt such a method by which the bleeding is stopped.
If timely medical treatment is not provided and, as a result, the person dies due to blood loss, then his blood money (diyah) will be the responsibility of the public treasury (bayt al-mal).
➍ This hadith also establishes that the thief whose hand is cut should, after receiving this punishment, seek forgiveness and repent before Allah Ta‘ala, and should resolve and pledge that he will not commit this heinous act again.
© Narrator of the Hadith:
«حضرت ابوامیہ مخزومی رضی اللہ عنہ » He was from Hijaz.
He was a Companion (sahabi).
Only this one hadith is narrated from him.
Hammad ibn Salamah says that he was from the Makhzum tribe.
And Hammam ibn Yahya has said that he was from the Ansar.
«أخرجه أبوداود، الحدود، باب في التلقين في الحد، حديث:4380، والنسائي، قطع السارق، حديث:4881، وأحمد:5 /293، وحديث أبي هريرة: أخرجه الحاكم:4 /381، وصححه علي شرط مسلم، والبزار (كشف الأستار):2 /220.»©Explanation:
➊ The aforementioned narration has been declared weak in its chain by our esteemed researcher, whereas some scholars have considered it to be “hasan li ghayrihi” (sound due to supporting narrations) based on corroborating evidence, as the author has also narrated this report from Abu Hurayrah radi Allahu anhu and has stated: «لاَبَأْسَ بِإِسْنَادِہٖ» There is no defect in its chain; therefore, the preferred opinion appears to be that the aforementioned narration is actionable based on supporting evidence.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 37/184)
➋ This hadith establishes that if someone confesses to theft before a court, even if the stolen property is not recovered from him, the punishment is the amputation of the hand (qat‘ yad).
➌ After the amputation of the hand (qat‘ yad), it is necessary to adopt such a method by which the bleeding is stopped.
If timely medical treatment is not provided and, as a result, the person dies due to blood loss, then his blood money (diyah) will be the responsibility of the public treasury (bayt al-mal).
➍ This hadith also establishes that the thief whose hand is cut should, after receiving this punishment, seek forgiveness and repent before Allah Ta‘ala, and should resolve and pledge that he will not commit this heinous act again.
© Narrator of the Hadith:
«حضرت ابوامیہ مخزومی رضی اللہ عنہ » He was from Hijaz.
He was a Companion (sahabi).
Only this one hadith is narrated from him.
Hammad ibn Salamah says that he was from the Makhzum tribe.
And Hammam ibn Yahya has said that he was from the Ansar.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1059
