Hadith 2589

حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ ، حَدَّثَنَا أَبُو أُسَامَةَ ، عَنْ أَبِي عَوَانَةَ ، عَنْ عُمَرَ بْنِ أَبِي سَلَمَةَ ، عَنْ أَبِيهِ ، عَنْ أَبِي هُرَيْرَةَ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " إِذَا سَرَقَ الْعَبْدُ فَبِيعُوهُ وَلَوْ بِنَشٍّ " .
´It was narrated Abu Hurairah that the Messenger of Allah (ﷺ) said:` “If a slave steals, then sell him, even for half Price.' ”
Hadith Reference سنن ابن ماجه / كتاب الحدود / 2589
Hadith Grading الألبانی: ضعيف  |  زبیر علی زئی: إسناده حسن
Hadith Takhrij «سنن ابی داود/الحدود 22 ( 4412 ) ، سنن النسائی/قطع السارق 13 ( 4983 ) ، ( تحفة الأشراف : 14979 ) ( ضعیف ) » ( سند میں عمر بن أبی سلمہ ہیں ، جو روایت میں غلطی کرتے ہیں )
Related hadith on this topic
Explanation & Benefits
Hafiz Muhammad Ameen
(1) "Let him steal"—that is, let him steal from his master. If he steals from someone else, his hand will be cut off. Cutting off the hand is not permissible for stealing from the master because he also lives in the house. It is as if he is a member of the household, and the prescribed punishment (hadd) is not applied to household members for theft from the house. The relevance of this hadith to the chapter is also this: just as the prescribed punishment is not enforced on a household member or a slave for theft from the house, similarly, during travel in border areas, the hadd for theft will not be applied; that is, this is also an example of it. Although there is a difference: upon returning from travel, the hadd will be enforced, but for a slave, the hadd will never be enforced for theft from the house. However, he may be given some other punishment, for example: flogging or imprisonment, etc.

(2) "Sell him"—because he has become accustomed to stealing, therefore, it is no longer appropriate for him to remain in the house. This issue will arise repeatedly. Selling him is better. It is possible that the circumstances of another house may cause him to abandon this habit, but at the time of sale, this defect must be clearly disclosed to the buyer so that he is not deceived; otherwise, it will be sinful, and the transaction may also be revoked.

(3) "Half the price"—the Arabic word "nish" is used, which means half an uqiyyah, and also simply half. Half an uqiyyah is equal to twenty dirhams. By "simply half" can be meant half a dirham or half the price. All three meanings are possible. And Allah knows best.

(4) The command to sell is not obligatory but preferable, because no one can be compelled to sell his slave. It depends on his own choice.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4983