Testing the accused in hadd cases

Mujalid said that Amir said: "There will be no putting to the test in a prescribed punishment."

Imran bin Hudayr said that Abu Mijlaz said: "Putting someone to the test (mihnah) in a matter of suspicion is that he threatens him and shouts against him; and if you strike him even one lash, his confession counts for nothing."

Abu Uyaynah bin al-Muhallab said: I heard Umar bin Abd al-Aziz saying: "Whoever confesses after being struck one lash is a liar."

Jabir said that Amir and al-Hakam said: "Putting someone to the test (mihnah) is an innovation."

Al-Qasim said that Shurayh said: "Shackling is coercion, prison is coercion, and threatening is coercion."

Hanzalah said that Sayyiduna Umar (may Allah be pleased with him) said: "A man is not to be trusted regarding himself if you starve him, or frighten him, or imprison him."

Ibn Jurayj said: It is narrated from Ibn Shihab regarding a man who confessed after being flogged. He said: "There will be no prescribed punishment on him."

Al-Hasan al-Basri said that Sayyiduna Umar (may Allah be pleased with him) said: "Frighten the thief, and do not be lenient with him."

Al-Zuhri said: A man was brought to Tariq al-Shami, having been caught in a matter of theft. He beat him and the man confessed. So he sent someone to Sayyiduna Ibn Umar (may Allah be pleased with them both) to ask him about this. Sayyiduna Ibn Umar (may Allah be pleased with them both) said to him: "Do not cut off his hand, for he confessed only after your beating him."