Nasai

Hadith Commentary:
The explanation of this hadith will be found in the Book of Hudud (Prescribed Punishments).
The cutting off of the thief’s hand was also prescribed in the Mosaic law (Shari‘at Musa).
Whoever describes this punishment as barbaric is himself barbaric, and whoever, while being a Muslim, calls this punishment contrary to civilization is a disbeliever and outside the fold of Islam.
(Wahidi)
Hazrat Usamah was a very beloved child of the Messenger of Allah (sallallahu alayhi wa sallam) because his father, Hazrat Zayd ibn Harithah, was raised by the Messenger of Allah (sallallahu alayhi wa sallam).
To such an extent that some people considered him to be the son of the Noble Messenger (sallallahu alayhi wa sallam) and would call him as such, but the noble verse:
﴿ادْعُوهُمْ لِآبَائِهِمْ﴾ (al-Ahzab: 5)
forbade them from calling him in this manner.

Hadith Commentary:
➊ In this hadith, "the people before you" refers to the Children of Israel (Bani Isra'il).

➋ The cutting of the thief's hand was also prescribed in the Mosaic law (Shari‘ah of Musa). Now, if anyone calls this a barbaric punishment, then he himself is barbaric, and whoever, while being a Muslim, considers this punishment to be against civilization, he is a disbeliever (kafir) and outside the fold of Islam. The complete explanation of this hadith will come in the Book of Hudud (Book of Prescribed Punishments).

➌ The name of the Makhzumite woman who committed theft was Fatimah bint Aswad. She stole someone's jewelry at the time of the Conquest of Makkah, and the Messenger of Allah (sallallahu alayhi wa sallam) had her hand cut off as punishment.

➍ From this hadith, it is understood that when a matter reaches the ruler of the time, it is forbidden (haram) to intercede or to have intercession made regarding the prescribed punishments (hudud). If the accused is not a habitual criminal and has never been involved in mischief, then the matter can be settled before it reaches the ruler of the time. And Allah knows best.

Hadith Commentary:
In the narration of Imam Ahmad, it is mentioned that this woman herself presented her case to the Prophet (sallallahu alayhi wa sallam) and said, “O Messenger of Allah (sallallahu alayhi wa sallam), can my repentance be accepted?” He replied, “Today you are as pure as the day you were born from your mother’s womb.”

The very background of Islamic legal punishments (hudud) is that, after their implementation, the criminal becomes completely purified from sin and accepted by Allah, and the establishment of hudud also serves to prevent crimes.
As is evident in the Kingdom of Saudi Arabia (may Allah strengthen it with His help), where the Islamic legal punishments (hudud) are enforced.
Therefore, crimes are found to be very rare.

The noble verse, “And there is for you in legal retribution (qisas) [the preservation of] life, O people of understanding” (: al-Baqarah: 179), alludes to this very point.

The woman whose case is mentioned in the narration was named Fatimah al-Makhzumiyyah; later, she also married a man from Banu Sulaym.

Hadith Commentary:
Hadith Number 4304.

Benefits and Issues:

➊ In the narration, the name of the woman whose case was presented is Fatimah Makhzumiyyah. She later married a man from Banu Sulaym.

➋ When Banu Makhzum became distressed over her theft, they prepared Usamah radi Allahu anhu to intercede, but the Messenger of Allah sallallahu alayhi wa sallam, upholding the Shari‘ah, carried out the prescribed punishment (hadd) upon the woman. In one narration (Musnad Ahmad: 409/5), Banu Makhzum offered the Messenger of Allah sallallahu alayhi wa sallam forty uqiyyah of silver as ransom, requesting that her hand not be cut off, but he replied: “It is better for her that she be purified by carrying out the prescribed punishment upon her.” (Musnad Ahmad: 409/5) In another narration, her people offered five hundred dinars as ransom, but the Messenger of Allah sallallahu alayhi wa sallam still had her hand cut off. The woman then said: “O Messenger of Allah sallallahu alayhi wa sallam! Can my repentance be accepted?” He replied: “Why not? After repentance, you are like the day your mother gave birth to you.” (Musnad Ahmad: 177/2)

➌ The door to establishing the prescribed punishments (hudud) is closed, as can be seen in Saudi Arabia. Wherever the limits of Allah are established, crimes will be very few.

➍ Since this incident occurred on the day of the conquest of Makkah, Imam Bukhari rahimahullah has narrated it. And Allah knows best.

Hadith Commentary:

It is sufficient for the virtue of Hazrat Usamah (radi Allahu anhu) that, generally, the Quraysh considered him worthy of interceding in the court of the Prophet (sallallahu alayhi wa sallam).

Hadith Commentary:
➊
People used to call Usamah bin Zayd (radi Allahu anhu) "Hibb bin Hibb," meaning "the beloved son of the beloved," because both he and his father were especially beloved to the Messenger of Allah (sallallahu alayhi wa sallam).
His noble mother, Umm Ayman (radi Allahu anha), was a freedwoman of the Messenger of Allah (sallallahu alayhi wa sallam), and the Messenger of Allah (sallallahu alayhi wa sallam) was raised in her lap.

➋
In this hadith, there is a great virtue and high status of Usamah (radi Allahu anhu), as the Quraysh found him worthy of intercession in the court of the Prophet (sallallahu alayhi wa sallam). Thus, they said:
No one except your beloved, Usamah bin Zayd (radi Allahu anhu), will dare to intercede with the Messenger of Allah (sallallahu alayhi wa sallam).

➌
The woman who committed theft was named Fatimah bint Aswad, who belonged to the Makhzum tribe. The Messenger of Allah (sallallahu alayhi wa sallam) had her hand cut off. After her hand was cut, she used to come to Aishah (radi Allahu anha), and she would assist her.

➍
It is also understood from this hadith that the Messenger of Allah (sallallahu alayhi wa sallam) did not show any leniency in establishing the hudud (prescribed punishments) of Allah, nor did he show consideration for anyone in this matter.

Hadith Commentary:
Upon this intercession, the Prophet (sallallahu alayhi wa sallam) admonished Usamah (radi Allahu anhu).

Hadith Commentary:
(1)
The name of this woman was Fatimah bint Aswad.
Her father, Aswad bin Asad, was killed in the Battle of Badr.
This woman was the niece of Umm Salamah radi Allahu anha’s first husband, Abu Salamah.
When her theft was proven, her family first offered forty ounces of silver as ransom, but the Messenger of Allah sallallahu alayhi wa sallam rejected this offer, saying:
“It is better that the prescribed punishment (hadd) be established upon her.”
Then she sought the protection of Umar bin Abi Salamah radi Allahu anhu and appealed to him for intercession, so he presented her case to the Messenger of Allah sallallahu alayhi wa sallam, saying:
“O Messenger of Allah! Pardon her. She is my paternal aunt.”
The Messenger of Allah sallallahu alayhi wa sallam also rejected his intercession. Eventually, they chose Usamah radi Allahu anhu, but the Messenger of Allah sallallahu alayhi wa sallam did not accept anyone’s intercession in this matter. Rather, he ordered Bilal radi Allahu anhu, “Get up and cut off her hand,” so he cut off her hand. She said:
“O Messenger of Allah! Has the door of repentance been closed for me?” He replied:
“Today you have become so purified from this mistake as if today your mother has given birth to you.”
Thus, she repented and married a man from Banu Sulaym.
Aishah radi Allahu anha narrates that after this, she came to me, and I would present her needs before the Messenger of Allah sallallahu alayhi wa sallam.

(2)
In any case, there is consensus (ijma‘) of the Ummah that if a matter is under judicial consideration, no one should intercede regarding it.
If anyone does intercede, the ruler of the time should strictly reject it and establish the limits (hudud) of Allah the Exalted.
(Fath al-Bari: 12/113, 116)

Hadith Commentary:
When a thief repents from theft, will his repentance be accepted? Will the label of “fasiq” (open sinner) be removed from him? Then, will his testimony be accepted? The answers to all these questions are found in this hadith.

From the aforementioned hadith of Aisha (radi Allahu anha), it is understood that the repentance of a thief is accepted.

Aisha (radi Allahu anha) has described his repentance as good, which means that the label of “fasiq” will be removed from him. It is as if, by repenting, he returns to his previous state. Then, after repentance, his testimony will also be accepted.

In short, by repenting, the black stain on his character will be removed, although the prescribed punishment (hadd) will not be waived by repentance.

Hadith Commentary: The implementation of Islamic hudud (prescribed punishments) is, in any case, absolutely necessary, provided that the case is brought before an Islamic court within an Islamic state.

Hadith Commentary:
The aforementioned words were spoken by the Messenger of Allah (sallallahu alayhi wa sallam) at the time of the conquest of Makkah, when a woman named Fatimah from the tribe of Makhzum had committed theft and the decision to cut her hand had been made.

The purpose is that the establishment and implementation of Allah’s prescribed punishments (hudud) should not differentiate between the honorable and the ordinary or insignificant.

It should not be the case that people of high status are let go while the weak and powerless have the prescribed punishment carried out upon them.

Whoever makes such a distinction opposes the way of Islam, and acting in this manner leads to the destruction of society.

Hadith Commentary:
This woman was from the noble class of the Makhzum branch of the Quraysh.
She had stolen a sheet from the house of the Prophet (sallallahu alayhi wa sallam), as is explicitly mentioned in the narration of Ibn Majah, and in the narration of Ibn Sa'd, it is mentioned that she stole jewelry.
It is possible that she stole both items.
The purpose of the chapter is derived from the statement of Aisha (radi Allahu anha), "Her repentance was good."
Tahawi (rahimahullah) said: The testimony of a thief is accepted by consensus when he repents.
The purpose of the chapter was to discuss how the repentance of a slanderer (qadhif) is accepted, but in the hadith, the repentance of a thief is mentioned, so Imam Bukhari (rahimahullah) made an analogy between the slanderer and the thief.

Hadith Commentary:
(1)
The name of this woman was Fatimah bint Aswad, who belonged to the influential Qurayshi tribe of Banu Makhzum.
(2)
By committing theft, a person's outward status is tarnished and he is no longer considered eligible to give testimony. However, when the thief repents and reforms himself, the stain of theft is removed from him, and thereafter his testimony is not rejected.
Imam Bukhari rahimahullah has equated the one who slanders with the thief, because in his view there is no difference between the two.
(3)
Imam Tahawi rahimahullah has written:
When a thief repents after committing theft, there is consensus among the scholars that his testimony is accepted. Furthermore, the cutting of the thief's hand itself is his repentance (tawbah).
When the hand has been cut, it is known that his repentance has been accepted; therefore, his testimony will also be accepted.
And Allah knows best.

Hadith Commentary: Benefits and Issues: (1)
The woman who committed theft was Fatimah bint Aswad from the Banu Makhzum, who was the niece of Umm al-Mu’minin Umm Salamah radi Allahu anha’s martyred husband, Abu Salamah radi Allahu anhu. (Tabaqat Ibn Sa’d, vol. 8, p. 263) Even in the era of ignorance (Jahiliyyah), the punishment for theft was the cutting of the hand. Therefore, Banu Makhzum, which was a respected clan of the Quraysh, became very distressed, because they knew that the Prophet sallallahu alayhi wa sallam would not show any leniency in establishing the prescribed punishment (hadd). Thus, they deliberated on seeking intercession and thought that since the Prophet sallallahu alayhi wa sallam loved Usamah radi Allahu anhu very much, perhaps he would accept his intercession. However, the Prophet sallallahu alayhi wa sallam did not accept this intercession and then explained the reason for this in front of everyone: that one of the causes of the destruction and ruin of Banu Isra’il was that they used to differentiate between the honorable and the unhonorable in the establishment of the prescribed punishments (hudud), whereas in the eyes of the law, all are equal. And to further emphasize and stress this, he said that even if, hypothetically, the most beloved person to me in this world and my own daughter, Fatimah radi Allahu anha, were to commit such an act, I would not create any flexibility in the law for her sake either. This incident occurred at the time of the conquest of Makkah, when none of the Prophet’s sallallahu alayhi wa sallam daughters named Fatimah were alive. There is also an incident of theft involving another woman from Banu Makhzum, Umm Amr bint Sufyan, which occurred at the time of the Farewell Pilgrimage (Hajjat al-Wada’), and the Prophet sallallahu alayhi wa sallam also had her hand cut off. Therefore, that incident is separate.

(2)
According to the majority of the Ummah, once a case has been presented in court, it is not permissible to intercede in order to prevent the prescribed punishment (hadd) from being carried out. However, if there is a person who is not a habitual criminal or it is not his habit to trouble people, then intercession can be made on his behalf before the case reaches the court.

1:
The name of the woman from the tribe of Banu Makhzum was Fatimah bint Aswad. She also had the habit that when she would borrow something from someone out of necessity, she would then deny having taken it.

2:
The statement of the Prophet sallallahu alayhi wa sallam that "If Fatimah, the daughter of Muhammad, were to steal," is hypothetical and conditional. Otherwise, the status of Fatimah radi Allahu anha is far greater than for her to ever be involved in such a mistake. In the Noble Qur'an, Allah Almighty has informed of the chastity and purity of all the Ahl al-Bayt: ﴿إِنَّمَا يُرِيدُ اللَّهُ لِيُذْهِبَ عَنكُمُ الرِّجْسَ أَهْلَ الْبَيْتِ وَيُطَهِّرَكُمْ تَطْهِيرًا﴾ (al-Ahzab: 33). Fatimah radi Allahu anha was the most beloved among the family of the Prophet sallallahu alayhi wa sallam to him, and that is why she was used as an example.

Benefits and Issues:
➊ After a case has reached the court, interceding to avert the prescribed Islamic punishments (hudud) is a grave sin and crime.

➋ The law should be equal for all members of society.

➌ One of the major reasons for the destruction of previous nations was the class-based discrimination prevalent among them; Islam has strictly prohibited this.

Urdu marginal note:
"Usamah might do so"—he said this because Usamah radi Allahu anhu was the son of your freedman and adopted son, Zayd ibn Harithah radi Allahu anhuma, and thus you had intense love for him. However, this love did not prevail over the love of Allah. That is why you did not accept his intercession.

Urdu marginal note:
“They were destroyed”—Destruction here can refer to destruction in the Hereafter as well as in this world, because the failure to implement the prescribed punishments (hudud) leads to an increase in crimes, and the abundance of crimes becomes a cause for the ruin of nations. Furthermore, disobedience also brings about punishment.

(1) From all the aforementioned hadiths, it is understood that interceding in the prescribed punishments (hudud) is prohibited, provided that the matter has reached the court or the higher authorities.

(2) These blessed hadiths also establish the ruling that just as the hand of a male thief can be cut off, similarly, the hand of a female thief can also be cut off. The Noble Qur’an has explicitly commanded the cutting of the hands of both the male and female thief. See ()

(3) These hadiths also clearly indicate the great status and rank of Usamah bin Zayd radi Allahu anhuma, that he was not only beloved to the Messenger of Allah sallallahu alayhi wa sallam, but was also considered beloved among the people.

(4) From the aforementioned hadiths, it is understood that Sayyidah Fatimah radi Allahu anha held a very high status and rank in the sight of the Messenger of Allah sallallahu alayhi wa sallam. However, it is also clear that in the establishment of Allah’s prescribed punishments (hudud Allah), neither anyone’s love can be taken into consideration, nor can anyone’s intercession be accepted. And Allah knows best.

(5) “She used to come” — this implies that she had migrated to Madinah Munawwarah. After repentance and the punishment, the sin is erased.

(6) The greatest benefit of detailing all the chains of transmission (isnad) of a hadith is that all the details of the incident become clear, and no ambiguity remains.

Commentary:
Benefits and Issues:

➊
The name of the woman from Banu Makhzum was Fatimah bint Aswad bin Abd al-Asad, who was the niece of Abu Salamah.
This Abu Salamah was the first husband of Umm al-Mu’minin Umm Salamah. (Fath al-Bari, 12/108)

➋
Zayd bin Harithah was the freed slave of the Messenger of Allah (sallallahu alayhi wa sallam).
The Messenger of Allah (sallallahu alayhi wa sallam) had adopted him as a son.
Later, Allah, the Exalted, forbade adopting someone as a son in this manner.
Usamah was his son, and the Messenger of Allah (sallallahu alayhi wa sallam) loved him very much.

➌
Usamah was chosen to present the request to the Messenger of Allah (sallallahu alayhi wa sallam) because he was a young child, so it was thought that even if the Messenger of Allah (sallallahu alayhi wa sallam) did not accept the intercession, he would not be displeased with Usamah, since he was a child.

➍
It is not permissible to show favoritism to anyone in the implementation of the prescribed punishments (hudud).

➎
Making a distinction between the rich and the poor in the enforcement of the law is a cause of Allah’s wrath, because this nullifies the importance of the law.

➏
If multiple people are involved in a mistake, its reprehensibility should be mentioned in front of everyone, so that others may also be warned.

➐
It is permissible to swear an oath in one’s statement, even if no one doubts it; however, swearing an oath without necessity is disliked (makruh).
And swearing a false oath is forbidden (haram) and a major sin.

Takhrij:
«أخرجه البخاري، الحدود، باب كراهية الشفاعة في الحد إذا رفع إلي السطان، حديث:6788، ومسلم، الحدود، باب قطع السارق الشريف وغيره...، حديث:1688.»©Explanation:
➊ Imam Ahmad, Imam Ishaq rahimahumallah, and the Zahiris have deduced from the mentioned narration that it is obligatory to cut off the hand of one who borrows something and then denies it. However, the majority (jumhur) are of the opinion that the hand is not to be cut off for denial, because the story of the Makhzumiyyah woman is narrated through several chains of transmission. In most narrations, it is stated that she used to steal, and in some, it is explicitly mentioned that she stole a sheet from the house of the Prophet sallallahu alayhi wa sallam; thus, the command to cut off her hand was due to theft.

➋ As for the mention of her borrowing and then denying, that was her habit, and due to this very habit she was known and recognized in this manner, just as she was famous as "Makhzumiyyah" due to being from the tribe of Makhzum. Therefore, it is absolutely not implied that the ruling of cutting off the hand was due to her denial of a borrowed item.