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الفتح الربانی
Fath al-Rabbani
أبواب حد السرقةChapters on the Punishment for Theft
بَابُ حَدِ الْقَطْعِ وَغَيْرِهِ هَلْ يُسْتَوْفِي فِي دَارِ الْحَرْبِ أم لا؟Chapter: Is the Hadd of Cutting and Others Carried Out in the Land of War or Not?
Hadith 6768
اُردوEn
(وَعَنْهُ مِنْ طَرِيقٍ ثَانٍ) قَالَ كُنْتُ عِنْدَ بُسْرِ بْنِ أَرْطَاةَ فَأُتِيَ بِمَصْدَرٍ قَدْ سَرَقَ بُخْتِيَّةً فَقَالَ لَوْلَا أَنِّي سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ نَهَانَا عَنِ الْقَطْعِ فِي الْغَزْوِ لَقَطَعْتُكَ فَجَلَدَ ثُمَّ خَلَّى سَبِيلَهُ
(Second chain) He says: I was with Sayyiduna Busar bin Artaat (may Allah be pleased with him), a thief was brought to him who had stolen a Bactrian camel. Sayyiduna Busar (may Allah be pleased with him) said: If I had not heard the Noble Prophet (peace and blessings be upon him) forbidding the cutting of the hand during a military expedition, I would have cut off your hand.
Brief Explanation
Benefits: … The wording of the narration in Sunan al-Nasa’i (4982) is that the Messenger of Allah sallallahu alayhi wa sallam said: “Hands are not to be cut off during travel.” … “In travel, the thief’s hand should not be cut off.” However, what is meant by travel here is the journey of battle, as is evident from the hadith of this chapter. In the journey of battle, the main objective is the defeat of the enemy, so attention should be focused on that. It is also possible that the reason for not cutting the hand at such a time is that the person might become enraged and flee into enemy territory and, joining them, become an apostate. But this ruling does not mean that the prescribed punishment (hadd) is completely dropped; rather, when the return from travel occurs, the hadd will be implemented, because the prescribed limits of the Shari’ah cannot be abrogated.
