سنن نسائي
Nasai
كتاب قطع السارقThe Book of Cutting off the Hand of the Thief
بَابُ : تَلْقِينِ السَّارِقِChapter: Prompting The thief
Hadith 4881
اُردوEn
أَخْبَرَنَا سُوَيْدُ بْنُ نَصْرٍ ، قَالَ : حَدَّثَنَا عَبْدُ اللَّهِ بْنُ الْمُبَارَكِ ، عَنْ حَمَّادِ بْنِ سَلَمَةَ ، عَنْ إِسْحَاق بْنِ عَبْدِ اللَّهِ بْنِ أَبِي طَلْحَةَ ، عَنْ أَبِي الْمُنْذِرِ مَوْلَى أَبِي ذَرٍّ , عَنْ أَبِي أُمَيَّةَ الْمَخْزُومِيِّ : أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أُتِيَ بِلِصٍّ اعْتَرَفَ اعْتِرَافًا وَلَمْ يُوجَدْ مَعَهُ مَتَاعٌ ، فَقَالَ : لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " مَا إِخَالُكَ سَرَقْتَ ؟ " . قَالَ : بَلَى ، قَالَ : " اذْهَبُوا بِهِ فَاقْطَعُوهُ ، ثُمَّ جِيئُوا بِهِ " , فَقَطَعُوهُ ، ثُمَّ جَاءُوا بِهِ , فَقَالَ لَهُ : " قُلْ : أَسْتَغْفِرُ اللَّهَ وَأَتُوبُ إِلَيْهِ " ، فَقَالَ : أَسْتَغْفِرُ اللَّهَ وَأَتُوبُ إِلَيْهِ , قَالَ : " اللَّهُمَّ تُبْ عَلَيْهِ ".
´It was narrated from abu Umayah Al-Makhzumi that:` a thief who confused to a crime but with whom no stolen goods has been found, was brought to the Messenger of Allah. The Messenger of Allah said to him: "I do not think that you stole anything."He He said: "Yes I did." He said: "Take him and cut off his hands, then bring him here, "So they cut off his hand then they brought him to him. He said to him; "Say: I seek the forgiveness of Allah and I repent to Him." He said: "I seek the forgiveness of Allah and I repent to Him." He said:: "O Allah, accept his repentance."(Daif)
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊ It is understood that in the case of a crime warranting a prescribed punishment (hadd), if someone confesses voluntarily, it is recommended (mustahabb) to speak to him in such a manner that he retracts his confession and is saved from the prescribed punishment.
➋ Even after the prescribed punishment (hadd) has been carried out, the criminal should be encouraged to seek forgiveness (istighfar) and repent (tawbah), because if someone is not content with these prescribed punishments and considers his crime to be correct, then this hadd cannot serve as expiation (kaffarah) for him.
Whereas for a person of faith and submission, the prescribed punishments are expiation.
(, , ) (Sahih al-Bukhari, Book of Hudud, Chapter: Hudud are expiation, Hadith: 6784)
➊ It is understood that in the case of a crime warranting a prescribed punishment (hadd), if someone confesses voluntarily, it is recommended (mustahabb) to speak to him in such a manner that he retracts his confession and is saved from the prescribed punishment.
➋ Even after the prescribed punishment (hadd) has been carried out, the criminal should be encouraged to seek forgiveness (istighfar) and repent (tawbah), because if someone is not content with these prescribed punishments and considers his crime to be correct, then this hadd cannot serve as expiation (kaffarah) for him.
Whereas for a person of faith and submission, the prescribed punishments are expiation.
(, , ) (Sahih al-Bukhari, Book of Hudud, Chapter: Hudud are expiation, Hadith: 6784)
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4380
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، الحدود، باب في التلقين في الحد، حديث:4380، والنسائي، قطع السارق، حديث:4881، وأحمد:5 /293، وحديث أبي هريرة: أخرجه الحاكم:4 /381، وصححه علي شرط مسلم، والبزار (كشف الأستار):2 /220.»©Explanation:
➊ The aforementioned narration has been declared weak in its chain by our esteemed researcher, whereas some scholars have considered it to be “hasan li ghayrihi” (sound due to supporting narrations) based on corroborating evidence, as the author has also narrated this report from Abu Hurayrah radi Allahu anhu and has stated: «لاَبَأْسَ بِإِسْنَادِہٖ» There is no defect in its chain; therefore, the preferred opinion appears to be that the aforementioned narration is actionable based on supporting evidence.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 37/184)
➋ This hadith establishes that if someone confesses to theft before a court, even if the stolen property is not recovered from him, the punishment is the amputation of the hand (qat‘ yad).
➌ After the amputation of the hand (qat‘ yad), it is necessary to adopt such a method by which the bleeding is stopped.
If timely medical treatment is not provided and, as a result, the person dies due to blood loss, then his blood money (diyah) will be the responsibility of the public treasury (bayt al-mal).
➍ This hadith also establishes that the thief whose hand is cut should, after receiving this punishment, seek forgiveness and repent before Allah Ta‘ala, and should resolve and pledge that he will not commit this heinous act again.
© Narrator of the Hadith:
«حضرت ابوامیہ مخزومی رضی اللہ عنہ » He was from Hijaz.
He was a Companion (sahabi).
Only this one hadith is narrated from him.
Hammad ibn Salamah says that he was from the Makhzum tribe.
And Hammam ibn Yahya has said that he was from the Ansar.
«أخرجه أبوداود، الحدود، باب في التلقين في الحد، حديث:4380، والنسائي، قطع السارق، حديث:4881، وأحمد:5 /293، وحديث أبي هريرة: أخرجه الحاكم:4 /381، وصححه علي شرط مسلم، والبزار (كشف الأستار):2 /220.»©Explanation:
➊ The aforementioned narration has been declared weak in its chain by our esteemed researcher, whereas some scholars have considered it to be “hasan li ghayrihi” (sound due to supporting narrations) based on corroborating evidence, as the author has also narrated this report from Abu Hurayrah radi Allahu anhu and has stated: «لاَبَأْسَ بِإِسْنَادِہٖ» There is no defect in its chain; therefore, the preferred opinion appears to be that the aforementioned narration is actionable based on supporting evidence.
And Allah knows best.
For further details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 37/184)
➋ This hadith establishes that if someone confesses to theft before a court, even if the stolen property is not recovered from him, the punishment is the amputation of the hand (qat‘ yad).
➌ After the amputation of the hand (qat‘ yad), it is necessary to adopt such a method by which the bleeding is stopped.
If timely medical treatment is not provided and, as a result, the person dies due to blood loss, then his blood money (diyah) will be the responsibility of the public treasury (bayt al-mal).
➍ This hadith also establishes that the thief whose hand is cut should, after receiving this punishment, seek forgiveness and repent before Allah Ta‘ala, and should resolve and pledge that he will not commit this heinous act again.
© Narrator of the Hadith:
«حضرت ابوامیہ مخزومی رضی اللہ عنہ » He was from Hijaz.
He was a Companion (sahabi).
Only this one hadith is narrated from him.
Hammad ibn Salamah says that he was from the Makhzum tribe.
And Hammam ibn Yahya has said that he was from the Ansar.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1059
