Hadith 1063

وعن جابر رضي الله عنه قال : جيء بسارق إلى النبي صلى الله عليه وآله وسلم فقال : « اقتلوه » فقالوا : يا رسول الله إنما سرق ؟ قال : « اقطعوه » فقطع ثم جيء به الثانية فقال : « اقتلوه » فذكر مثله : ثم جيء به الثالثة فذكر مثله ثم جيء به الرابعة كذلك ثم جيء به الخامسة فقال :« اقتلوه » أخرجه أبو داود والنسائي واستنكره. وأخرج من حديث الحارث بن حاطب نحوه . وذكر الشافعي أن القتل في الخامسة منسوخ.
Jabir (RAA) narrated, 'A thief was brought to the Prophet (ﷺ) and he said to them, "Kill him." The people said, 'He has just stolen O Messenger of Allah!' He then said, "Cut off his hand." He was brought to him the second time and the Messenger of Allah (ﷺ) also said, "Kill him." They said the same and the Messenger of Allah (ﷺ) said to them, 'Cut off his hand." The same man was brought a third time and a fourth time and same was said. When they brought him the fifth time, the Messenger of Allah (ﷺ) said: "Kill him." Related by Abu Dawud and An-Nasa'i who regarded it as Munkar (a type of weak hadith). Ab-Nasa'i also reported a similar hadith on the authenticity of Al-Harith bin Hatib. Ash-Shafi'i mentioned that the killing in the fifth time (of stealing) is abrogated.
Hadith Reference بلوغ المرام / 1063
Hadith Grading محدثین: حسن
Hadith Takhrij «أخرجه أبوداود، الحدود، باب في السارق يسرق مرارًا، حديث:4410، والنسائي، قطع السارق، حديث:4981، وحديث الحارث بن حاطب: أخرجه النسائي، قطع السارق، حديث:4980، وسنده صحيح.»
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الحدود، باب في السارق يسرق مرارًا، حديث:4410، والنسائي، قطع السارق، حديث:4981، وحديث الحارث بن حاطب: أخرجه النسائي، قطع السارق، حديث:4980، وسنده صحيح.»©Explanation:
The scholars present the following reasoning for this punishment: perhaps the Messenger of Allah (sallallahu alayhi wa sallam) had been informed of its reality, which is why he kept instructing from the very beginning that he should be killed, as he was one who spread corruption in the land, and such people deserve this punishment.

In the Noble Qur’an, Allah the Exalted says: ﴿ The recompense of those who wage war against Allah and His Messenger and strive to spread corruption in the land is only that they be killed, or crucified, or have their hands and feet cut off from opposite sides, or be exiled from the land. ﴾ () “Those who fight against Allah and His Messenger and spread corruption in the land—their punishment is only that they be killed, or crucified, or have their hands and feet cut off from opposite sides, or be banished from the land.”

And it is evident that no judge or ruler can issue such a severe ruling merely for two or three thefts.

This was a miracle of the Messenger of Allah (sallallahu alayhi wa sallam), that he informed from the outset about his nature and ultimate fate.

And Allah knows best.

© Hadith Narrator:
«حضرت حارث بن حاطب جمحی قرشی رحمہ اللہ » was born in Abyssinia.
He was appointed as governor of Makkah in 66 AH on behalf of Abdullah ibn Zubair (radi Allahu anhuma), and served under his rule for six years.
He also provided considerable cooperation with Marwan during his governorship of Madinah.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1063
Shaykh Umar Farooq Saeedi
Benefits and Issues:
The justification for this punishment is that perhaps the Messenger of Allah (sallallahu alayhi wa sallam) had been informed of its reality, and for this reason, from the very beginning, he kept instructing that he should be killed, as he is one who spreads corruption in the land, and this is the prescribed punishment for such individuals.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4410
Hafiz Muhammad Ameen
(1) "This hadith is munkar," meaning that despite its narrator being weak, he also contradicts trustworthy narrators.

(2) "On the hands and feet," meaning like animals.

(3) The researcher of the book and Shaykh al-Albani rahimahullah have declared the mentioned narration to be authentic based on other supporting evidences.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4981