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Hadith 1059
اُردوEn
وعن أبي أمية المخزومي رضي الله عنه قال : أتي رسول الله صلى الله عليه وآله وسلم بلص قد اعترف اعترافا ولم يوجد معه متاع فقال له رسول الله صلى الله عليه وآله وسلم : « ما إخالك سرقت " قال : بلى فأعاد عليه مرتين أو ثلاثا ، فأمر به فقطع وجيء به ، فقال : « استغفر الله وتب إليه » فقال : أستغفر الله وأتوب إليه فقال : « اللهم تب عليه » ثلاثا . أخرجه أبو داود واللفظ له وأحمد والنسائي ورجاله ثقات. وأخرجه الحاكم من حديث أبي هريرة فساقه بمعناه وقال فيه : « اذهبوا به فاقطعوه ثم احسموه » وأخرجه البزار أيضا وقال : لا بأس بإسناده .
Abu Umaiyah al-Makhzumi (RAA) narrated, 'A thief who has made a confession was brought to the Messenger of Allah (ﷺ) but no goods were found with him. Allah's Messenger (ﷺ) said to him, "I do not think you have stolen!" The man replied, 'Yes I have.' The Prophet (ﷺ) repeated it to him twice or thrice, so he gave his commands concerning him, and his hand was cut off. He was then brought to the Messenger of Allah (ﷺ) who said to him, "Ask forgiveness of Allah and turn to Him in repentance." The man said, 'I ask Allah's forgiveness and turn to Him in repentance.' The Messenger of Allah (ﷺ) then said three times, "O Allah! forgive him." Related by Abu Dawud, Ahmad and An-Nasa'i with a trustworthy chain or narrators, and it is Abu Dawud's version. Al-Hakim transmitted the same hadith on the authority of Abu Hurairah (RAA) giving similar meaning. The Messenger of Allah (ﷺ) said: "Take him away and cut off his hand and cauterize him." Al-Bazzar transmitted the same hadith but commented that its chain of narrators is not sound.
Related hadith on this topic
Explanation & Benefits
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
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
