Hadith 1060
اُردوEn
وعن عبد الرحمن بن عوف رضي الله عنه أن رسول الله صلى الله عليه وآله وسلم قال : « لا يغرم السارق إذا أقيم عليه الحد » رواه النسائي وبين أنه منقطع وقال أبو حاتم : هو منكر.
'Abdur Rahman bin 'Auf (RAA) narrated that the Messenger of Allah (ﷺ) said: "A thief is not to be fined if the prescribed punishment has been inflicted on him." Related by An-Nasa'i who said that its chain of narrators is disconnected.
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه النسائي، قطع السارق، باب تعليق يد السارق في عنقه، حديث:4987.* السند منقطع كما قال البيهقي: 8 /277 وغيره.»©
Explanation:
There is a difference of opinion regarding the ruling of this hadith. Thus, Imam Abu Hanifah rahimahullah has said that if the stolen property is found in its original form with the thief, it will be taken back from him; otherwise, after the prescribed punishment (hadd) is carried out on him, he will be released and no kind of compensation or fine will be imposed upon him.
It is mentioned in *Subul al-Salam* that according to Imam Shafi‘i, Imam Ahmad rahimahumallah, and other scholars, compensation will be imposed upon him.
This same opinion is also narrated from Imam Abu Hanifah rahimahullah.
The evidence of these scholars is the noble statement of the Prophet sallallahu alayhi wa sallam: “The hand is liable for whatever it takes until it returns it.” (Sunan Abi Dawud, Book of Transactions, Chapter: Regarding Liability for Borrowed Items, Hadith: 3561; and Jami‘ al-Tirmidhi, Book of Transactions, Chapter: What Has Been Reported That a Loan Must Be Returned, Hadith: 1266). As for the hadith of ‘Abd al-Rahman radi Allahu anhu, it is not suitable as evidence due to its weakness.
Allah Ta‘ala has also said: “Do not consume one another’s wealth unjustly among yourselves.” (al-Baqarah 2:188) And the statement of the Messenger of Allah sallallahu alayhi wa sallam: “The wealth of a Muslim is not lawful except by his willing consent.” (Irwa’ al-Ghalil, 5/279, Hadith: 1459) Furthermore, the reason is that two rights are combined in this matter: one is the right of Allah and the other is the right of man. Each right demands its fulfillment. Also, since there is consensus that if the property is found in its original state, it will be taken from the thief, then by analogy with other obligatory properties, it will be said that if the property cannot be found in its original state with the thief, then compensation will be imposed upon him and he will be held responsible for its payment.
The strength and soundness of this opinion and view is not hidden.
(*Subul al-Salam*, summarized)
«أخرجه النسائي، قطع السارق، باب تعليق يد السارق في عنقه، حديث:4987.* السند منقطع كما قال البيهقي: 8 /277 وغيره.»©
Explanation:
There is a difference of opinion regarding the ruling of this hadith. Thus, Imam Abu Hanifah rahimahullah has said that if the stolen property is found in its original form with the thief, it will be taken back from him; otherwise, after the prescribed punishment (hadd) is carried out on him, he will be released and no kind of compensation or fine will be imposed upon him.
It is mentioned in *Subul al-Salam* that according to Imam Shafi‘i, Imam Ahmad rahimahumallah, and other scholars, compensation will be imposed upon him.
This same opinion is also narrated from Imam Abu Hanifah rahimahullah.
The evidence of these scholars is the noble statement of the Prophet sallallahu alayhi wa sallam: “The hand is liable for whatever it takes until it returns it.” (Sunan Abi Dawud, Book of Transactions, Chapter: Regarding Liability for Borrowed Items, Hadith: 3561; and Jami‘ al-Tirmidhi, Book of Transactions, Chapter: What Has Been Reported That a Loan Must Be Returned, Hadith: 1266). As for the hadith of ‘Abd al-Rahman radi Allahu anhu, it is not suitable as evidence due to its weakness.
Allah Ta‘ala has also said: “Do not consume one another’s wealth unjustly among yourselves.” (al-Baqarah 2:188) And the statement of the Messenger of Allah sallallahu alayhi wa sallam: “The wealth of a Muslim is not lawful except by his willing consent.” (Irwa’ al-Ghalil, 5/279, Hadith: 1459) Furthermore, the reason is that two rights are combined in this matter: one is the right of Allah and the other is the right of man. Each right demands its fulfillment. Also, since there is consensus that if the property is found in its original state, it will be taken from the thief, then by analogy with other obligatory properties, it will be said that if the property cannot be found in its original state with the thief, then compensation will be imposed upon him and he will be held responsible for its payment.
The strength and soundness of this opinion and view is not hidden.
(*Subul al-Salam*, summarized)
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1060
