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الفتح الربانی
Fath al-Rabbani
أبواب حد السرقةChapters on the Punishment for Theft
بابُ هَلْ يُقْطَعُ العَبْدُ إِذَا سَرَقَ مِنْ. ا سَرَقَ مِنْ سَيِّدِهِ؟ وَمَا حُكْمُ الْعَبْدِ الْآبِقِ إِذَا سَرَقَChapter: Is the Slave's Hand Cut If He Steals from His Master? And the Ruling of the Runaway Slave If He Steals
Hadith 6765
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ قَالَ إِذَا أَبَقَ الْعَبْدُ وَقَالَ مَرَّةً إِذَا سَرَقَ فَبِيعُوهُ وَلَوْ بِنَشٍّ وَالنَّشُّ نِصْفُ الْأُوقِيَّةِ
(Second chain) The Noble Prophet, peace and blessings be upon him, said: When a slave runs away—on one occasion the narrator said: When a slave steals—then sell him, even if you have to sell him for twenty dirhams.
Brief Explanation
Benefits: … This hadith is weak; however, consider the following hadith:
It is narrated from Sayyiduna Ali radi Allahu anhu that a slave woman of the Prophet sallallahu alayhi wa sallam committed adultery, and the Prophet sallallahu alayhi wa sallam ordered me to carry out the prescribed punishment (hadd) upon her. But when I went to her, I found her in such a state that her postnatal bleeding (nifas) had not yet dried. I returned to the Prophet sallallahu alayhi wa sallam and informed him of the situation. The Prophet sallallahu alayhi wa sallam said: “When her blood dries, then carry out the hadd upon her. Establish the prescribed punishments (hudud) upon those whom your right hands possess (i.e., slaves)…” See: Hadith number (6721).
From this hadith, it is understood that the prescribed punishments (hudud) are to be implemented upon slaves, male and female, unless there is a clear text that exempts them.
This is also the opinion of Imam Malik, Imam Shafi’i, and the majority of the scholars of knowledge: that the hadd for theft is to be implemented upon both male and female slaves.
It is narrated from Sayyiduna Ali radi Allahu anhu that a slave woman of the Prophet sallallahu alayhi wa sallam committed adultery, and the Prophet sallallahu alayhi wa sallam ordered me to carry out the prescribed punishment (hadd) upon her. But when I went to her, I found her in such a state that her postnatal bleeding (nifas) had not yet dried. I returned to the Prophet sallallahu alayhi wa sallam and informed him of the situation. The Prophet sallallahu alayhi wa sallam said: “When her blood dries, then carry out the hadd upon her. Establish the prescribed punishments (hudud) upon those whom your right hands possess (i.e., slaves)…” See: Hadith number (6721).
From this hadith, it is understood that the prescribed punishments (hudud) are to be implemented upon slaves, male and female, unless there is a clear text that exempts them.
This is also the opinion of Imam Malik, Imam Shafi’i, and the majority of the scholars of knowledge: that the hadd for theft is to be implemented upon both male and female slaves.
