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الفتح الربانی
Fath al-Rabbani
أبواب حد السرقةChapters on the Punishment for Theft
بابُ أَي الْيَدَيْنِ تُقْطَعُ أَولَا فِي السَّرِقَةِ وَمَوْضِعِ الْقَطْعِ وَتَعْلِيقِ يَدِ السَّارِقِ فِي عُنُقِهِ، وَمَا يُفْعَلُ فِيمَنْ تَكَرَّرَتْ مِنْهُ السَّرِقَةُ وَقَوْلِ الْمُفْسِرِينَ فِي قَوْلِهِ تَعَالَى: «وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا»Chapter: Which of the Two Hands Is Cut First in Theft, the Place of Cutting, Hanging the Thief's Hand on His Neck, What Is Done to One Who Repeats Theft, and the Exegetes' Statement on Allah's Saying: "As for the thief, male or female, cut off their hands"
Hadith 6766
اُردوEn
حَدَّثَنَا عُمَرُ بْنُ عَلِيٍّ الْمُقَدَّمِيُّ قَالَ سَمِعْتُ حَجَّاجًا يَذْكُرُ عَنْ مَكْحُولٍ عَنْ عَبْدِ الرَّحْمَنِ بْنِ مُحَيْرِيزٍ رَضِيَ اللَّهُ عَنْهُ قَالَ قُلْتُ لِفَضَالَةَ بْنِ عُبَيْدٍ رَضِيَ اللَّهُ عَنْهُ أَرَأَيْتَ تَعْلِيقَ يَدِ السَّارِقِ فِي الْعُنُقِ أَمِنَ السُّنَّةِ قَالَ نَعَمْ رَأَيْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ أُتِيَ بِسَارِقٍ فَأَمَرَ بِهِ فَقُطِعَتْ يَدُهُ ثُمَّ أَمَرَ بِهَا فَعُلِّقَتْ فِي عُنُقِهِ قَالَ حَجَّاجٌ وَكَانَ فَضَالَةُ مِمَّنْ بَايَعَ تَحْتَ الشَّجَرَةِ قَالَ أَبُو عَبْدِ الرَّحْمَنِ عَبْدُ اللَّهِ بْنُ أَحْمَدَ قُلْتُ لِيَحْيَى بْنِ مَعِينٍ سَمِعْتَ مِنْ عُمَرَ بْنِ عَلِيٍّ الْمُقَدَّمِيِّ شَيْئًا قَالَ أَيُّ شَيْءٍ كَانَ عِنْدَهُ قُلْتُ حَدِيثُ فَضَالَةَ بْنِ عُبَيْدٍ فِي تَعْلِيقِ الْيَدِ فَقَالَ لَا حَدَّثَنَا عَفَّانُ عَنْهُ
It is narrated from Abdur Rahman bin Muhairiz, he says: I said to Sayyiduna Fadala bin Ubaid (may Allah be pleased with him): Is it Sunnah to hang the hand of a thief around his neck after it has been cut? What is your opinion about this? He said: Yes, because I saw the Noble Prophet (peace and blessings be upon him), a thief was brought to him, the Prophet (peace and blessings be upon him) ordered his hand to be cut, so his hand was cut off, then the Prophet (peace and blessings be upon him) ordered and that hand was hung around his neck. Hajjaj says: Sayyiduna Fadala (may Allah be pleased with him) was among those who pledged allegiance to the Prophet (peace and blessings be upon him) under the tree at Hudaybiyyah. Abu Abdur Rahman Abdullah bin Ahmad says: I said to Yahya bin Ma'in: Have you heard anything from Umar bin Ali Maqdami? He said: What did he have that I would hear? I said: That hadith of Sayyiduna Fadala bin Ubaid (may Allah be pleased with him), in which there is mention of cutting the thief's hand and hanging it around his neck, he said: No, but Affan narrated it to us from him.
Brief Explanation
Benefits: … This hadith is weak, and there is no authentic hadith that indicates that the severed hand of the thief should be hung around his neck. And Allah knows best what is correct.
It is narrated from Sayyiduna Harith bin Hatib radi Allahu anhu, who says: "Indeed, the Messenger of Allah sallallahu alayhi wa sallam was brought a thief, so he said: 'Kill him.' They said: 'O Messenger of Allah! He has only stolen.' He sallallahu alayhi wa sallam again said: 'Kill him.' They said: 'O Messenger of Allah! He has only stolen.' He sallallahu alayhi wa sallam said: 'Then cut off his hand.' Then he stole again, so his foot was cut off. Then he stole during the time of Abu Bakr radi Allahu anhu until all his limbs were cut off. Then, when he stole for the fifth time, Abu Bakr radi Allahu anhu said: 'The Messenger of Allah sallallahu alayhi wa sallam was more knowledgeable about this when he said: "Kill him."' Then Abu Bakr radi Allahu anhu handed him over to a group of young men from Quraysh so that they might kill him. Among them was Abdullah bin Zubayr radi Allahu anhu, who liked leadership, so he said to them: 'Appoint me as your leader in this matter.' So they appointed him as their leader. Thus, whenever he struck, the other young men would strike, until they killed him." (Nasa'i: 4980)
From the statement of the Prophet sallallahu alayhi wa sallam, "Kill him," the intent was not that he should actually be killed, but rather it was a prophecy from the Prophet sallallahu alayhi wa sallam that his ultimate end would be death, which was fulfilled in his case. It is also possible that the Prophet sallallahu alayhi wa sallam was informed by revelation that this person would not desist and would eventually have to be killed. The hesitation of the noble Companions radi Allahu anhum in carrying out the Prophet's sallallahu alayhi wa sallam command was because the Prophet sallallahu alayhi wa sallam himself had prescribed the punishment for theft as the cutting of the hand. It is also possible that they inferred from the Prophet's sallallahu alayhi wa sallam manner of speech that his intent was not actual killing.
For the first theft, the thief's right hand is to be cut off. After that, according to the majority of scholars, for the second theft, the left foot; for the third theft, the left hand; and for the fourth theft, the right foot is to be cut off. If he steals for the fifth time, there are two opinions regarding him: one is that he should be killed, as was done by Sayyiduna Abu Bakr radi Allahu anhu, and the other is that he should be imprisoned. And Allah knows best what is correct! The thief's hand is to be cut off from the wrist.
It is narrated from Sayyiduna Harith bin Hatib radi Allahu anhu, who says: "Indeed, the Messenger of Allah sallallahu alayhi wa sallam was brought a thief, so he said: 'Kill him.' They said: 'O Messenger of Allah! He has only stolen.' He sallallahu alayhi wa sallam again said: 'Kill him.' They said: 'O Messenger of Allah! He has only stolen.' He sallallahu alayhi wa sallam said: 'Then cut off his hand.' Then he stole again, so his foot was cut off. Then he stole during the time of Abu Bakr radi Allahu anhu until all his limbs were cut off. Then, when he stole for the fifth time, Abu Bakr radi Allahu anhu said: 'The Messenger of Allah sallallahu alayhi wa sallam was more knowledgeable about this when he said: "Kill him."' Then Abu Bakr radi Allahu anhu handed him over to a group of young men from Quraysh so that they might kill him. Among them was Abdullah bin Zubayr radi Allahu anhu, who liked leadership, so he said to them: 'Appoint me as your leader in this matter.' So they appointed him as their leader. Thus, whenever he struck, the other young men would strike, until they killed him." (Nasa'i: 4980)
From the statement of the Prophet sallallahu alayhi wa sallam, "Kill him," the intent was not that he should actually be killed, but rather it was a prophecy from the Prophet sallallahu alayhi wa sallam that his ultimate end would be death, which was fulfilled in his case. It is also possible that the Prophet sallallahu alayhi wa sallam was informed by revelation that this person would not desist and would eventually have to be killed. The hesitation of the noble Companions radi Allahu anhum in carrying out the Prophet's sallallahu alayhi wa sallam command was because the Prophet sallallahu alayhi wa sallam himself had prescribed the punishment for theft as the cutting of the hand. It is also possible that they inferred from the Prophet's sallallahu alayhi wa sallam manner of speech that his intent was not actual killing.
For the first theft, the thief's right hand is to be cut off. After that, according to the majority of scholars, for the second theft, the left foot; for the third theft, the left hand; and for the fourth theft, the right foot is to be cut off. If he steals for the fifth time, there are two opinions regarding him: one is that he should be killed, as was done by Sayyiduna Abu Bakr radi Allahu anhu, and the other is that he should be imprisoned. And Allah knows best what is correct! The thief's hand is to be cut off from the wrist.
