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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب الْمُعْتَرِفِ بِالسَّرِقَةِ:Chapter: The Confessor of Theft
Hadith 2340
اُردوEn
أَخْبَرَنَا حَجَّاجُ بْنُ مِنْهَالٍ، حَدَّثَنَا حَمَّادُ بْنُ 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 بِسَارِقٍ اعْتَرَفَ اعْتِرَافًا، لَمْ يُوجَدْ مَعَهُ مَتَاعٌ، فَقَالَ: "مَا إِخَالُكَ سَرَقْتَ ؟"قَالَ: بَلَى، قَالَ: "مَا إِخَالُكَ سَرَقْتَ ؟"قَالَ: بَلَى، قَالَ: "فَاذْهَبُوا فَاقْطَعُوا يَدَهُ ثُمَّ جِيئُوا بِهِ"فَقَطَعُوا يَدَهُ، ثُمَّ جَاءُوا بِهِ، فَقَالَ: "اسْتَغْفِرِ اللَّهَ وَتُبْ إِلَيْهِ"، فَقَالَ: أَسْتَغْفِرُ اللَّهَ وَأَتُوبُ إِلَيْهِ، فَقَالَ: "اللَّهُمَّ تُبْ عَلَيْهِ، اللَّهُمَّ تُبْ عَلَيْهِ".
It is narrated from Sayyiduna Abu Umayyah Makhzumi (may Allah be pleased with him) that a thief was brought to the Messenger of Allah (peace and blessings be upon him) who confessed to the theft, but the stolen goods were not found with him. The Messenger of Allah (peace and blessings be upon him) said: "I think you did not steal?" He replied: "No, I did steal." Then the Prophet (peace and blessings be upon him) again said: "I think you did not steal?" He said: "I did steal." After this confession, the Messenger of Allah (peace and blessings be upon him) said: "Take him and cut off his hand, then bring him back to me." So the Companions cut off his hand and brought him before the Prophet (peace and blessings be upon him), who said: "Pray to Allah for forgiveness and repent to Him." The man sought forgiveness and repented to Allah. Upon this, the Messenger of Allah (peace and blessings be upon him) said: "O Allah! Forgive him, O Allah! Forgive him."
Brief Explanation
(Commentary on Hadith 2339)
In this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) said to the thief, even after his confession of the crime, "I think you have not committed theft." This was probably said so that the person might have mercy on himself and not expose his sin, and instead sincerely and purely repent to Allah. The ruling for every crime and prescribed punishment (hadd) is the same: when Allah does not make it public, one should repent and seek forgiveness. The ruler should also guide the criminal well, provide appropriate instruction, and encourage repentance and seeking forgiveness, and then carry out the prescribed punishment (hadd).
Observe the beautiful conduct of the Messenger of Allah (sallallahu alayhi wa sallam): he encourages repentance and seeking forgiveness, then supplicates to the Lord, "O Allah, accept his repentance, forgive him."
Furthermore, this hadith shows that if the stolen property is not recovered, the court will have the thief confess twice. However, most scholars have said that a single confession is sufficient.
In this hadith, the Messenger of Allah (sallallahu alayhi wa sallam) said to the thief, even after his confession of the crime, "I think you have not committed theft." This was probably said so that the person might have mercy on himself and not expose his sin, and instead sincerely and purely repent to Allah. The ruling for every crime and prescribed punishment (hadd) is the same: when Allah does not make it public, one should repent and seek forgiveness. The ruler should also guide the criminal well, provide appropriate instruction, and encourage repentance and seeking forgiveness, and then carry out the prescribed punishment (hadd).
Observe the beautiful conduct of the Messenger of Allah (sallallahu alayhi wa sallam): he encourages repentance and seeking forgiveness, then supplicates to the Lord, "O Allah, accept his repentance, forgive him."
Furthermore, this hadith shows that if the stolen property is not recovered, the court will have the thief confess twice. However, most scholars have said that a single confession is sufficient.
