Stoning
1 Malik related to me from Nafi' that 'Abdullah ibn 'Umar said, "The Jews
came to the Messenger of Allah, may Allah bless him and grant him peace, and
mentioned to him that a man and woman from among them had committed adultery.
The Messenger of Allah, may Allah bless him and grant him peace, asked them,
'What do you find in the Torah about stoning?' They said, 'We make their wrong
action known and flog them.' 'Abdullah ibn Salam said, 'You have lied! It is
stoning for it, so bring the Torah!' They spread it out and one of them placed
his hand over the verse of stoning. Then he read what was before and after it.
'Abdullah ibn Salam told him to lift his hand. He lifted his hand and there was
the verse of stoning. They said, 'He has spoken the truth, Muhammad. The verse
of stoning is in it.' So the Messenger of Allah, may Allah bless him and grant
him peace, gave the order and they were stoned."
'Abdullah ibn 'Umar added, "I saw the man leaning over the woman to protect
her from the stones."
[In Bukhari and Muslim]
Malik commented, "By 'leaning' he meant throwing himself over her so that the
stones fell on him."
2 Malik related to me from Yahya ibn Sa'id from Sa'id ibn al-Musayyab that a
man from the Aslam tribe came to Abu Bakr as-Siddiq and told him, "I have
committed adultery." Abu Bakr said to him, "Have you mentioned this to anyone
else?" He replied, "No." Abu Bakr told him, "Then cover it up with the veil of
Allah. Allah accepts repentance from His slaves." He was still unsettled so he
went to 'Umar ibn al-Khattab and told him the same as he had said to Abu Bakr
and 'Umar gave him the same answer as Abu Bakr had done. He was still unsettled
so he went to the Messenger of Allah, may Allah bless him and grant him peace,
and said to him insistently, "I have committed adultery." The Messenger of
Allah, may Allah bless him and grant him peace, turned away from him three
times. Each time the Messenger of Allah, may Allah bless him and grant him
peace, turned away from him until it became too much. The Messenger of Allah,
may Allah bless him and grant him peace, questioned his family, "Does he have
some illness which affects his mind or is he mad?" They said, "Messenger of
Allah, he is well." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Unmarried or married?" They replied, "Married, Messenger of
Allah." The Messenger of Allah, may Allah bless him and grant him peace, then
gave the order for him to be stoned.
[In Bukhari and Muslim]
3 Malik related to me from Yahya ibn Sa'id that Sa'id in al-Musayyab said, "I
have heard that the Messenger of Allah, may Allah bless him and grant him peace,
said to a man called Hazzal from the Aslam tribe, 'Hazzal, if you had veiled him
with your cloak, it would have been better for you.' "
Yahya ibn Sa'id said, "I related this hadith in an assembly which
included Yazid ibn Nu'aym ibn Hazzal al-Aslami. Yazid said, 'Hazzal was my
grandfather. This hadith is true.' "
[In Abu Dawud]
4 Malik related to me that Ibn Shihab informed him that a man had confessed
that he had committed adultery in the time of the Messenger of Allah, may Allah
bless him and grant him peace, and he testified against himself four times, so
the Messenger of Allah, may Allah bless him and grant him peace, gave the order
for him to be stoned.
[In Bukhari and Muslim]
Ibn Shihab said, "Because of this a man is to be taken for his own confession
against himself."
5 Malik related to me from Ya'qub ibn Zayd ibn Talha from his father, Zayd
ibn Talha, that 'Abdullah ibn Abi Mulayka informed him that a woman came to the
Messenger of Allah, may Allah bless him and grant him peace, and informed him
that she had committed adultery and was pregnant. The Messenger of Allah, may
Allah bless him and grant him peace, told her, "Go away until you give birth."
When she had given birth she came to him. The Messenger of Allah, may Allah
bless him and grant him peace, told her, "Go away until you have suckled and
weaned the baby." When she had weaned the baby, she came to him. He said, "Go
and entrust the baby to someone." She entrusted the baby to someone and then
came to him. He gave the order and she was stoned.
[In Muslim]
6 Malik related to me from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn 'Utba
ibn Mas'ud that Abu Hurayra and Zayd ibn Khalid al-Juhani informed him that two
men brought a dispute to the Messenger of Allah, may Allah bless him and grant
him peace. One of them said, "Messenger of Allah, judge between us by the Book
of Allah!" The other, who was the wiser of the two, said, "Yes, Messenger of
Allah, judge between us by the Book of Allah and give me permission to speak."
He said, "Speak." He said, "My son was hired by this person and he committed
fornication with his wife. He told me that my son deserved stoning and I
ransomed him for one hundred sheep and a slave-girl. Then I questioned the
people of knowledge and they told me that my son deserved to be flogged with one
hundred lashes and exiled for a year, and they informed me that the woman
deserved to be stoned." The Messenger of Allah, may Allah bless him and grant
him peace, said, "By Him in whose Hand my self is, I will judge between you by
the Book of Allah. As for your sheep and slave-girl, they should be returned to
you. Your son should have one hundred lashes and be exiled for a year." He
ordered Unays al-Aslami to go the wife of the other man and to stone her if she
confessed. She confessed and he stoned her.
[In Bukhari and the Risala of ash-Shafi'i]
7 Malik related to me from Suhayl ibn Abi Salih from his father from Abu
Hurayra that Sa'd ibn 'Ubada said to the Messenger of Allah, may Allah bless him
and grant him peace, "What do you think I should do if I were to find a man with
my wife? Should I leave him there until I have brought four witnesses." The
Messenger of Allah, may Allah bless him and grant him peace, said, "Yes."
[In Muslim]
8 Malik related to me from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn
'Utba ibn Mas'ud that 'Abdullah ibn 'Abbas said, "I heard 'Umar ibn al-Khattab
say, 'Stoning is in the Book of Allah for those who commit adultery, men or
women, when they are muhsan and when there is clear proof of pregnancy or
a confession.' "
[In Bukhari and Muslim]
9 Malik related to me from Yahya ibn Sa'id from Sulayman ibn Yasar from Abu
Waqid al-Laythi that a man came to 'Umar ibn al-Khattab while he was in Syria.
He mentioned to him that he had found a man with his wife. 'Umar sent Abu Waqid
al-Laythi to the wife to question her about that. He came to her while there
were women around her and mentioned to her what her husband had mentioned to
'Umar ibn al-Khattab, and informed her that she would not be punished on his
word and began to suggest to her by that she should retract her confession. She
refused to retract and held firm to her confession. 'Umar gave the order and she
was stoned.
10 Malik related to me that Yahya ibn Sa'id heard Sa'id ibn al-Musayyab say,
"When 'Umar ibn al-Khattab came from Mina, he made his camel kneel at al-Abtah
and then he gathered a pile of small stones and cast his cloak over them and
dropped to the ground. Then he raised his hands towards the sky and said, 'O
Allah! I have become old and my strength has weakened. My flock is scattered.
Take me to You with nothing missed out and without having neglected anything.'
Then he went to Madina and addressed the people, saying, 'People! Sunan
have been laid down for you. Obligations have been placed upon you. You have
been left with a clear way unless you lead people astray right and left.' He
struck one of his hands on the other and then said, 'Take care lest you destroy
the ayat of stoning so that someone will say, "We do not find two
hadds in the Book of Allah." The Messenger of Allah, may Allah bless him and
grant him peace, stoned, so we have stoned. By Him in Whose hand my soul is, had
it not been that people would say that 'Umar ibn al-Khattab has added to the
Book of Allah, we would have written it: "The full-grown man and the full-grown
woman, stone them absolutely." We have certainly recited that.' "
Malik said, "Yahya ibn Sa'id said Sa'id ibn al-Musayyab said, 'Dhu'l-Hijja
had not passed before 'Umar was murdered, may Allah have mercy on him.' "
Yahya said that he heard Malik say, "As for his words, 'The full-grown man
and the full-grown woman' he meant, 'The man and the woman who have been
married, stone them absolutely.' "
11 Malik related to me that he had heard that 'Uthman ibn 'Affan was brought
a woman to be stoned. 'Ali ibn Abi Talib said to him, "She does not deserve
that. Allah, the Blessed, the Exalted, says in His Book, 'His bearing and
weaning take thirty months.' (46:15) and he said, 'Mothers should nurse
their children for two full years for those who wish to complete the full term
of nursing.' (2:233) Pregnancy therefore can be six months, so she does not
deserve to be stoned." 'Uthman ibn 'Affan sent for her and found that she had
already been stoned.
Malik related to me that he asked Ibn Shihab about someone who committed
sodomy. Ibn Shihab said, "He is to be stoned, whether or not he is muhsan."
41.2 Self-Confession of Fornication
12 Malik related to me from Zayd ibn Aslam that a man confessed to
fornication in the time of the Messenger of Allah, may Allah bless him and grant
him peace. The Messenger of Allah, may Allah bless him and grant him peace,
called for a whip, and he was brought a broken whip. He said, "Above this," and
he was brought a new whip whose knots had not been frayed yet. He said, "Below
this," and he was brought a whip which had been used and was flexible. The
Messenger of Allah, may Allah bless him and grant him peace, gave the order and
he was flogged. Then he said, "People! The time has come for you to observe the
limits of Allah. Whoever has had any of these ugly things befall him should
cover them up with the veil of Allah. Whoever reveals his wrong action to us, we
will perform what is in the Book of Allah against him."
13 Malik related to me from Nafi' that Safiyya bint Abi 'Ubayd informed him
that a man who had had intercourse with a virgin slave-girl and made her
pregnant was brought to Abu Bakr as-Siddiq. He confessed to fornication and he
was not muhsan. Abu Bakr gave the order for him to be flogged with the
hadd punishment. Then he was banished to Fadak (thirty miles from Madina).
Malik spoke about a person who confessed to fornication and then retracted
his confession, saying, "I didn't do it. I said that for such-and-such a
reason," and he mentioned the reason. Malik said, "That is accepted from him and
the hadd is not imposed on him. That is because the hadd is what
is for Allah, and it is only applied by one of two means, either by clear
evidence which establishes guilt or by a confession which is persisted in so
that the hadd is imposed. If someone persists in his confession, the
hadd is imposed on him."
Malik said, "I have not seen the people of knowledge exiling slaves who have
committed adultery."
41.3 The Hadd for Fornication
14 Malik related to me from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn
'Utba ibn Mas'ud from Abu Hurayra and Zayd ibn Khalid al-Juhani that the
Messenger of Allah, may Allah bless him and grant him peace, was asked about a
slave-girl who committed fornication and was not muhsana. He said, "If
she commits fornication, then flog her. If she commits fornication again, then
flog her, and if she commits fornication yet again, then sell her, if only for a
rope."
[cf Bukhari 2046]
Ibn Shihab added, "I don't know whether it was three or four times."
15 Malik related to me from Nafi' that a slave was in charge of the slaves in
the khumus* and he forced a slave-girl among those slaves against her will and
had intercourse with her. 'Umar ibn al-Khattab had him flogged and banished him,
but he did not flog the slave-girl because the slave had forced her.
* The fifth of the booty for the amir.
16 Malik related to me from Yahya ibn Sa'id that Sulayman ibn Yasar informed
him that 'Abdullah ibn 'Abbas ibn Abi Rabi'a al-Makhzumi said, "'Umar ibn
al-Khattab gave me orders about the slaves of Quraysh and we flogged some of the
slave-girls in the Muslim lands fifty times for each act of fornication."
41.4 Rape
Malik said, "The position with us about a woman who is found to be pregnant
and has no husband and she says, 'I was forced,' or she says, 'I was married,'
is that it is not accepted from her and the hadd is inflicted on her unless she
has clear evidence of what she claims about the marriage or being forced or if
she comes bleeding if she was a virgin or she calls out for help so that someone
comes to her and she is in that state or what resembles of it of the situation
in which the violation occurred." He said, "If she does not produce any of
those, the hadd is inflicted on her and whatever such claims she makes
are not accepted from her."
Malik said, "A raped woman cannot marry until she has proved to be free of
pregnancy by three menstrual periods."
He said, "If she doubts her periods, she does not marry until she has freed
herself of that doubt."
41.5 The Hadd for Slander, Denial of Paternity and Insinuation
17 Malik related to me that Abu'z-Zinad said, "'Umar ibn 'Abd al-'Aziz
flogged a slave with eighty lashes for slander."
Abu'z-Zinad said, "I asked 'Abdullah ibn 'Amir ibn Rabi'a about that and he
said, 'I saw 'Umar ibn al-Khattab, 'Uthman ibn 'Affan, the Khalifs, and so on,
and I did not see any of them flog a slave with more than forty lashes for
slander."
18 Malik related to me from Zurayq ibn Hakim al-Ayli that a man called Misbah
asked his son for help and he thought him unnecessarily slow. When the son came,
his father said to him, "O fornicator." Zurayq said, "So the son asked me to
help him against the father. When I wanted to flog him, his son said, 'By Allah,
if you flog him, I will acknowledge that I have committed fornication.' When he
said that, the situation was unclear for me, so I wrote to 'Umar ibn 'Abd
al-'Aziz who was the governor at that time, and I mentioned it to him. 'Umar
wrote me to permit his pardon."
Zurayq said, "I also wrote to 'Umar ibn 'Abd al-'Aziz asking, 'What do you
think about a man who is slandered or his parents are slandered and both or only
one of them are dead?' 'Umar wrote to me, 'If he forgives, his pardon is
permitted for himself. If his parents are slandered and one or both of them are
dead, take the judgement of the Book of Allah for it unless he wants to veil
it.' "
Yahya said, "I heard Malik say, 'That is because the slandered man might fear
that if it is unveiled about him, a clear proof might be established. If it is
according to what we have described, his pardon is permitted."
19 Malik related to me from Hisham ibn 'Urwa that his father said that there
was only one hadd against a man who slandered a group of people.
Malik said, "If they are on separate occasions there is still only one hadd
against him."
Malik related to me from Abu'r-Rijal Muhammad ibn 'Abd ar-Rahman ibn Haritha
ibn an-Nu'man al-Ansari, of the Banu'n-Najar from his mother, 'Amra bint 'Abd
ar-Rahman, that two men cursed each other in the time of 'Umar ibn al-Khattab.
One of them said to the other, "By Allah, my father is not an adulterer and my
mother is not an adulteress." 'Umar ibn al-Khattab asked advice about that. One
person said, "He has praised his father and mother." Another said, "His father
and mother have praise other than this. We think that he should be flogged with
the hadd." So 'Umar flogged him with the hadd of eighty lashes.
Malik said, "There is no hadd in our view except for slander, denial
of paternity or insinuation in which one sees that what the speaker intends by
that is denial of paternity or slander. Then the full hadd is imposed on
the one who said that."
Malik said, "What is done in our community when a man denies that another man
is his father's child is that such a person should receive the hadd. If
the mother who is the subject of the denial is a slave, then he should receive
the hadd as well."
41.6 That For Which There is No Hadd
Malik said, "The best of what is heard about a slave-girl with whom a man has
intercourse while he has a partner in her is that the hadd is not
inflicted on him and the child is connected to him. When the slave-girl becomes
pregnant, her value is estimated and he gives his partners their shares of the
price and the slave-girl is his. That is what is done among us."
Malik, speaking about a man who made his slave-girl halal to a man,
said that if the said that if the one for whom she was made halal had
intercourse with her, her value was estimated on the day he had intercourse with
her and he owed that to her owner whether or not she conceived. The hadd
was averted from him by that. If she conceived the child was connected to him.
Malik said about a man who had intercourse with his son's or daughter's
slave-girl, "The hadd is averted from him and he owes the estimated value
of the slave-girl whether or not she conceives."
20 Malik related to me from Rabi'a ibn Abi 'Abd ar-Rahman that 'Umar ibn
al-Khattab spoke about a man who went out wih his wife's slave-girl on a journey
and had intercourse with her and then the wife became jealous and mentioned it
to 'Umar ibn al-Khattab. 'Umar questioned him about it. He said, "She gave her
to me." 'Umar said, "Bring me clear evidence or I will stone you."
Rabi'a added, "The wife admitted that she had given her to him."
41.7 That Which Obliges Cutting Off the Hand
21 Malik related to me from Nafi' from 'Abdullah ibn 'Umar that the Messenger
of Allah, may Allah bless him and grant him peace, cut off the hand of a man who
stole a shield whose price was three dirhams.
[In Bukhari and Muslim]
22 Yahya related to me from Malik from 'Abdullah ibn 'Abd ar-Rahman Abu
Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him
peace, said, "The hand is not cut off for fruit hanging on the tree and for
sheep kept in the mountains. But when they are taken from the fold or the place
where the fruit is dried, the hand is cut off for whatever reaches the the price
of a shield."
[In an-Nasa'i]
23 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr from his father
from 'Amra bint 'Abd ar-Rahman that a thief stole a citron in the time of
'Uthman. 'Uthman ibn 'Affan ordered its value to be estimated and it was
estimated at three dirhams at the rate of exchange of twelve dirhams for the
dinar, so 'Uthman cut off his hand.
24 Yahya related to me from Malik from Yahya ibn Sa'id from 'Amra bint 'Abd
ar-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant
him peace, said, "It has not been a long time for me and I have not forgotten. A
thief's hand is cut off for a quarter of a dinar and upwards."
[In Bukhari and Muslim]
25 Yahya related to me from Malik from 'Abdullah ibn Abi Bakr ibn Hazim that
'Amra bint 'Abd ar-Rahman said, "'A'isha, the wife of the Prophet, may Allah
bless him and grant him peace, went out to Makka with two girl mawlas of hers
and a slave belonging to the sons of 'Abdullah ibn bi Bakr as-Siddiq. She sent a
figured cloak with the two mawlas which was sewn up in a piece of green cloth."
'Amra continued, "The slave took it and unstitched it and took out the cloak.
In its place he put some felt or skin and sewed it up again. When the mawla
girls came to Madina, they gave it to his people. When they opened it they found
felt in it and did not find the cloak. They spoke to the two women and they
spoke to 'A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, or they wrote to her, suspecting the slave. The slave was questioned
about it and confessed. 'A'isha, the wife of the Prophet, may Allah bless him
and grant him peace, gave the order for his hand to be cut off. 'A'isha said, "A
thief's hand is cut off for a quarter of a dinar and upwards."
Malik said, "The limit I prefer above which cutting off the hand is obliged
is three dirhams, whether the exchange is high or low. That is because the
Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of
a thief for a shield whose value was three dirhams, and 'Uthman ibn 'Affan cut
off the hand of a thief for a citron which was estimated at three dirhams. This
is what I prefer of what I have heard on the matter."
41.8 Cutting Off the Hands of Runaway Slaves who Steal
26 Yahya related to me from Malik from Nafi' that a slave of 'Abdullah ibn
'Umar stole while he was a runaway. 'Abdullah ibn 'Umar sent him to Sa'id ibn
al-'As, who was the amir of Madina, to cut off his hand. Sa'id refused to cut
off his hand. He said, "The hand of a runaway slave is not cut off when he
steals." 'Abdullah ibn 'Umar said to him, "In what Book of Allah did you find
this?" Then 'Abdullah ibn 'Umar gave the order and his hand was cut off.
27 Yahya related to me from Malik that Zurayq ibn Hakim informed him that he
had a runaway slave who had stolen. He said, "The situation was unclear to me,
so I wrote to 'Umar ibn 'Abd al-'Aziz to ask him about it. He was the governor
at that time. I informed him that I had heard that if a runaway slave stole
while he was a fugitive, his hand was not cut off. 'Umar ibn 'Abd az-'Aziz wrote
to contradict what I had said in my letter, 'You wrote to me that you have heard
that when the runaway slave steals, his hand is not cut off. Allah, the Blessed,
the Exalted, says in His Book, "As for both male thieves and female thieves,
cut off their hands in reprisal for what they have done: an object lesson from
Allah. Allah is Almighty, All-Wise." (5:41). When his theft reaches a
quarter of a dinar or more, his hand is cut off.'"
Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad
and Salim ibn 'Abdullah and 'Urwa ibn az-Zubayr said, "When a runaway slave
steals something for which cutting off the hand is obliged, his hand is cut
off."
Malik said, "The way of doing things amongst us about which there is no
dispute is that when the runaway slave steals what olbiges cutting off the hand,
his hand is cut off."
41.9 Intercession Cut Off for Thieves when Cases Reach the Ruler
28 Yahya related to me from Malik from Ibn Shihab from Safwan ibn 'Abdullah
ibn Safwan that it was said to Safwan ibn Umayya, "Whoever does not make
hijra is ruined." So Safwan ibn Umayya went to Madina and slept in the
mosque with his cloak as a pillow. A thief came and took his cloak and Safwan
grabbed hold of the thief and brought him to the Messenger of Allah, may Allah
bless him and grant him peace. The Messenger of Allah, may Allah bless him and
grant him peace, said to him, "Did you steal this cloak?" He said, "Yes." So the
Messenger of Allah, may Allah bless him and grant him peace, ordered that his
hand be cut off. Safwan told him, "I did not intend this. It is his as sadaqa.
The Messenger of Allah, may Allah bless him and grant him peace, said, "Why did
you not do it before you brought him to me?"
[In an-Nasa'i and Ibn Majah]
29 Yahya related to me from Malik from Rabi'a ibn Abi 'Abd ar-Rahman that
az-Zubayr ibn al-'Awwam came across a man who had taken hold of a thief and was
intending to take him to the ruler. Az-Zubayr ibn al-'Awwam interceded with him
to let him go. He said, "No, not until I take him to the ruler." Az-Zubayr said,
"Once you reach the ruler with him, Allah curses the one who intercedes and the
one who accepts the intercession."
41.10 General Section on Cutting Off the Hand
30 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim from his
father that a man from Yemen who had his hand and foot cut off presented himself
to Abu Bakr as-Siddiq and complained to him that the governor of the Yemen had
wronged him, and the man used to pray part of the night. Abu Bakr said, "By your
father, your night is not the night of a thief!" Then they missed the necklace
of Asma' bint 'Umays, the wife of Abu Bakr as-Siddiq. The man came to go around
with them looking for it. He said, "O Allah, You are responsible for the one who
invaded the people of this good house by night!" They found the jewellery with a
goldsmith who claimed that the maimed man had brought it to him. The maimed man
confessed or there was testimony against him. Abu Bakr as-Siddiq ordered that
his left hand be cut off. Abu Bakr said, "By Allah, his du'a' against
himself is far more serious than his theft as far as I am concerned."
Yahya said that Malik said, "What is done among us, about the person who
steals several times and is then called to reckoning, is that only his hand is
cut off for all he stole when the hadd has not been applied against him.
If the hadd has been applied against him previously and he steals what
obliges cutting off, then the next limb is cut off."
31 Yahya related to me from Malik that Abu'z-Zinad informed him that a
governor of 'Umar ibn 'Abd al-'Aziz took some people captive in battle and had
not killed any of them. He wanted to cut off their hands or kill them, so he
wrote to 'Umar ibn 'Abd al-'Aziz about that. 'Umar ibn 'Abd al-'Aziz wrote to
him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us, about a person
who steals goods which people place under guard in the markets and their owners
put them in their containers and store them together, is that if anyone steals
any such thing from where it is kept, and its value reaches that for which
cutting off the hand is obliged, his hand must be cut off, whether or not the
owner of the goods is with his goods and whether it is night or day."
Malik, speaking about someone who stole something for which cutting off the
hand was obliged and what he stole was found with him and he returned to its
owner, said, "His hand is cut off."
Malik said, "If someone says, 'How can his hand be cut off when the goods
have been taken from him and returned to their owner?' It is because he is in
the same position as the wine drinker when the smell of wine is found on his
breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the
man intoxicated because he drank it to become intoxicated. It is the same
situation with cutting off the hand of the thief for theft when it is taken from
him, even if he has not profited from it and it has been returned to its owner.
When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and
then they left with a sack or box or board or basket or something similar which
they carried together, and when they took it out of its guarded place, they
carried it together and the price of what they took reached what obliged cutting
off the hand, namely three dirhams or more, each of them had his hand cut off.
"If each of them takes something by himself, whoever of them takes out
something whose value reaches three dirhams and upwards must have his hand cut
off. If any of them takes out something whose value does not reach three
dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house
is locked and he is the only one living in it, cutting off the hand is not
obliged against the one who steals something from it until he takes it
completely out of the house. That is because the house is a place of custody. If
someone other than him lives in the house and each of them locks his door, and
it is a place of custody for each of them, whoever steals anything from the
apartments of that house must have his hand cut off when he leaves the apartment
and goes into the main house. He has removed it from its place of custody to
another place and so he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the
property of his master is that if he is not in service and among those trusted
in the house and he enters secretly and steals from his master something for
which cutting off the hand is obliged, his hand is not cut off. It is like that
with a slave-girl when she steals from her master's property. Her hand is not
cut off."
Malik then spoke about a slave who was not in service and not one of those
trusted in the house and he entered secretly and stole from the property of his
master's wife something for which cutting off the hand was obliged. He said,
"His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or
her husband nor is she trusted in the house and she enters secretly and steals
from her mistress's property something for which cutting off the hand is
obliged. Her hand is not cut off.
"It is like that with the man who steals from his wife's goods or the wife
who steals from her husband's goods something for which cutting off the hand is
obliged. If the thing which one of them steals from his spouse's property is in
a room other than the room which they both lock for themselves, or it is in a
place of custody in a room other than the room which they are in, whichever of
them steals something for which cutting off the hand is obliged, their hand
should be cut off."
Malik spoke about small children and foreigners who do not speak clearly. He
said, "If they are robbed of something from its place of custody or from under a
lock, the one who stole it has his hand cut off. If the property is outside its
place of custody or locked room (when it is stolen), the one who robbed them
does not have his hand cut off. It is then in the same position as sheep stolen
from the mountain and uncut fruit hanging on the trees."
Malik said, "What is done among us about a person who robs graves is that if
what he takes from the grave reached what obliges cutting off the hand, his hand
is cut off. That is because the grave is a place of custody for what is in it
just as houses are a place off custody for what is in them."
Malik added, "Cutting off the hand is not obliged until he removes it from
the grave."
41.11 Things for Which the Hand is Not Cut Off
32 Yahya related to me from Malik from Yahya ibn Sa'id from Muhammad ibn
Yahya ibn Habban that a slave stole a small palm from a man's garden and planted
it in his master's garden. The owner of the palm went out looking for the palm
and found it. He asked Marwan ibn al-Hakam for help against the slave. Marwan
jailed the slave and wanted to cut off his hand. The master of the slave rushed
off to Rafi' ibn Khadij and asked him about it. Rafi' informed him that he heard
the Messenger of Allah, may Allah bless him and grant him peace, say, "The hand
is not cut off for fruit or palm pith." The man said, "Marwan ibn al-Hakam has
taken a slave of mine and wants to cut off his hand. I would like you to go with
me to him so you can tell him what you heard from the Messenger of Allah, may
Allah bless him and grant him peace." So Rafi' went with him to Marwan ibn
al-Hakam and said, "Did you arrest a slave for this?" He replied, "Yes." He
said, "What will you do with him?" He replied, "I intend to cut off his hand."
Rafi' said to him, "I heard the Messenger of Allah, may Allah bless him and
grant him peace, say, 'The hand is not cut off for fruit or palm pith.' Marwan
therefore ordered that the slave be released."
[In Abu Dawud, at-Tirmidhi, an-Nasa'i and Ibn Majah]
33 Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid
that 'Abdullah ibn 'Amr ibn al-Hadrami brought a slave of his to 'Umar ibn
al-Khattab and told him, "Cut off the hand of this slave of mine. He has
stolen." 'Umar asked, "What did he steal?" He said, "He stole a mirror belonging
to my wife. Its value was sixty dirhams." 'Umar said, "Let him go. His hand is
not to be cut off. He is your servant who has stolen your belongings."
34 Yahya related to me from Malik from Ibn Shihab that Marwan ibn al-Hakam
was brought a man who had snatched some goods and he wanted to cut his hand off.
He sent to Zayd ibn Thabit to ask him about it. Zayd ibn Thabit told him, "The
hand is not cut off for what is stolen by chance, openly, in haste."
35 Yahya related to me from Malik that Yahya ibn Sa'id said that Abu Bakr ibn
Muhammad ibn 'Amr ibn Hazm informed him that he had taken a Nabatean who had
stolen some iron rings and jailed him in order to cut off his hand. 'Amra bint
'Abd ar-Rahman sent a girl mawla called Umayya to him. Abu Bakr said that she
had come to him while he was among the people and said that his aunt, 'Amra,
sent word to him saying, "Nephew! You have taken a Nabatean for something
insignificant which was mentioned to me. Do you mean to cut off his hand?" He
had replied, "Yes." She said, "'Amra tells you not to cut off the hand except
for a quarter of a dinar or more."
Abu Bakr added, "So I let the Nabatean go."
Malik said, "The generally agreed on way of doing things among us about the
confession of slaves is that, if a slave confesses something against himself,
the hadd and punishment for it is inflicted on his own person. His
confession is accepted from him and one does not suspect that he would inflict
something on himself."
Malik said, "As for one of them who confesses to a matter which will incur
damages against his master, his confession is not accepted against his master."
Malik said, "One does not cut off the hand of a hireling or a man who is with
some people to serve them if he robs them because his state is not the state of
a thief. His state is that of a treacherous one. The treacherous one does not
have his hand cut off."
Malik said about a person who borrows something and then denies it, "His hand
is not cut off. He is like a man who owes a debt to another man and denies it.
He does not have his hand cut off for what he has denied."
Malik said, "The generally agreed on way of dealing among us with the thief
who is found in a house and has gathered up goods and has not taken them out is
that his hand is not cut off. That is like the man who places wine before him to
drink and does not drink it. The hadd is not imposed on him. That is like
a man who sits with a woman and desires to have haram intercourse with
her and does not do it and he does not reach her. There is no hadd
against that either."
Malik said, "The generally agreed on way of doing things among us is that
there is no cutting off the hand for what is taken by chance, openly and in
haste, whether or not its price reaches that for which the hand is cut off."
Important note to learn and read quran online
The true knowledge of Islam is in reading quran online and bring the true succeed in to our daily life we should learn holy quran online as much as we could and not just in Arabic but try to understand the meaning of it so when ever we listen to quran online we can understand the Koran and learn how to read quran online it gives us the guidance to bring the purity in to our life with the true way and also spread the word of Islam and its knowledge to all over the world find holy quran reciter and more Islamic articles in this quran blog and feel free to spread it further as much as you could
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