Regarding the Boy Who Steals or Commits a Hadd Offense

Hazrat Abdullah bin Masood narrates that a boy who had committed theft was brought to Hazrat Usman. He said: Look in his loincloth, has hair grown?

The aforementioned statement of Hazrat Usman is also narrated with this chain from Hazrat Abdullah bin Ubaid bin Umair.

Hazrat Muhammad bin Yahya bin Hayan narrates that one of our boys made a false claim against a woman. So this matter was presented before Hazrat Umar. He had some doubt about it, so he looked at him and felt that this boy was not yet mature. Upon this, he said: If I had seen you mature and strong, I would certainly have flogged you or certainly would have punished you.

Hazrat Anas (may Allah be pleased with him) narrates that a boy who had committed theft was brought to Hazrat Abu Bakr. Since it was not clear whether he had reached puberty, he was measured and found to be one finger-joint short. So, Hazrat Abu Bakr let him go and did not cut his hand.

Hazrat Ibn Abi Mulaika narrates that a slave of Umar bin Abi Rabee’ah, who had committed theft, was brought to Hazrat Abdullah bin Zubair. So he gave orders regarding him, and he was measured, and he was a young boy who had reached six spans. So he (Abdullah bin Zubair) had his hand cut off.

Hazrat Khallas narrates that Hazrat Ali (may Allah be pleased with him) said: When a boy reaches the height of five spans, retribution (qisas) will be taken from him and retribution will be taken for him.

Hazrat Qatadah states that Hazrat Umar bin Abdul Aziz and Hasan Basri, both of these personalities, would not enforce the hadd punishment on a boy until he reached puberty.

Hazrat Ibn Jurayj states that it is narrated from Hazrat Ata regarding a child who commits theft; he said: The punishment of cutting the hand will not be enforced upon him until he reaches maturity. And Hazrat Amr bin Dinar said: It is not my opinion that the punishment of cutting the hand should be enforced upon him.

30026 - Amr ibn Dinar said: I do not see that there is cutting upon him.

Hazrat Mansur says that Ibrahim stated: His hand will not be cut off until he becomes sensible, that is, until he reaches maturity.

Hazrat Ibn Jurayj states that Hazrat Sulaiman bin Musa said: There will be neither hadd nor qisas upon one who has not reached puberty.

Hazrat Salman bin Yasar narrates that a boy who had committed theft was brought to Hazrat Umar. So, on his order, the boy was measured, and he found him to be six spans, but one finger-joint less. So he let him go, and thus the boy became known as Namila.