4972 - Mahmud ibn Ghaylan informed us, saying: Abu Dawud al-Hafari narrated to us, from Sufyan, from Ibn Jurayj, from Abu al-Zubayr, from Jabir, who said: The Messenger of Allah, peace and blessings be upon him, said: "There is no amputation for a traitor, nor for a plunderer, nor for one who snatches [something] openly."(1) Abu 'Abd al-Rahman said: Ibn Jurayj also did not hear this from Abu al-Zubayr.

--------------------------------------------
= "Nor a plunderer" (wa-la muntahib): al-nahb is taking [something] openly and by force.
"Nor one who snatches openly" (wa-la mukhtalis): al-ikhtilas is taking something from its apparent place quickly. They said: In all of this there is no element of theft...

(1) The hadith is authentic, and this chain consists of trustworthy narrators. Some scholars, however, declared it defective on the grounds that Ibn Jurayj — that is, 'Abd al-Malik ibn 'Abd al-'Aziz — did not hear it from Abu al-Zubayr, and that between them there was Yasin al-Zayyat. Among those who said this are the author [al-Nasa'i], Ahmad ibn Hanbal as transmitted by Abu Dawud following the hadith (4393), and Abu Hatim and Abu Zur'ah al-Raziyyan as transmitted from them by Ibn Abi Hatim in al-'Ilal 1/450. I say: The statement of these scholars is refuted by Ibn Jurayj's explicit affirmation that he heard it from Abu al-Zubayr, as found in 'Abd al-Razzaq's al-Musannaf (18844), al-Darimi (2356), the author's al-Kubra (7421), al-Khatib in Tarikh Baghdad 1/256, and Ibn al-Jawzi in al-'Ilal al-Mutanahiyah (1326). Furthermore, Ibn Jurayj was corroborated in his narration from Abu al-Zubayr by Sufyan al-Thawri, as in the preceding narration — and he, even if the author asserted that he did not hear this hadith from Abu al-Zubayr, is a trustworthy imam. He was also corroborated by al-Mughirah ibn Muslim, as will come in narration (4975), though he is weak in [narrating from] Abu al-Zubayr. Likewise, Yasin al-Zayyat corroborated him, as found in 'Abd al-Razzaq (18845) and (18859), and Yasin al-Zayyat is weak. We say: However, these three chains combined suffice to strengthen the hadith of Ibn Jurayj. As for Abu al-Zubayr — even though he was a mudallis and narrated it with 'an'anah — he was corroborated by 'Amr ibn Dinar, as found in Ibn Hibban (4456) and (4457). Al-Hafiz said in al-Fath 12/92: Thus the hadith became strong. Abu Dawud al-Hafari: he is 'Umar ibn Sa'd, and the hadith is in al-Sunan al-Kubra under number (7420).

It was also narrated — in full and in abridged form — by Ahmad (15070), Abu Dawud (4391), (4392), and (4393), al-Tirmidhi (1448), the author in al-Kubra (7421), Ibn Majah (2591), and Ibn Hibban (4456) and (4457), through various chains from Ibn Jurayj, with this isnad. Some of them add: "And whoever seizes something by open force in a notorious manner is not of us." Al-Tirmidhi said: This is a hasan sahih hadith, and the scholars act upon this.