📘 সুনানুন নাসাঈ - ত্বর রিসালাহ (আন-নাসায়ী - মৃত্যু 303 হিজরী)

4951 - Yahya ibn Musa al-Balkhi informed us, saying: Ibn Numayr narrated to us, saying: Muhammad ibn Ishaq narrated to us, from Ayyub ibn Musa, from 'Ata', from Ibn 'Abbas, who said: The price of a shield (mijann) at the time of the Messenger of Allah, peace and blessings be upon him, was valued at ten dirhams.

4952 - Muhammad ibn Wahb informed me, saying: Muhammad ibn Salamah narrated to us, saying: Muhammad ibn Ishaq narrated to me, from Ayyub ibn Musa, from 'Ata', as a mursal report.

4953 - Humayd ibn Mas'adah informed me, from Sufyan — and he is Ibn Habib — from al-'Arzami — and he is 'Abd al-Malik ibn Abi Sulayman — from 'Ata', who said: The minimum amount for which [the hand] is cut off is the price of a shield. He said: And the price of a shield is ten dirhams.

Abū ʿAbd al-Raḥmān said: As for Ayman, whose ḥadīth we mentioned earlier, I do not think he had companionship [of the Prophet]. Another ḥadīth has been narrated from him that supports what we have said:

4954 — Suwār ibn ʿAbd Allāh ibn Suwār informed us, saying: Khālid ibn al-Ḥārith narrated to us, saying: ʿAbd al-Malik narrated to us. Also: ʿAbd al-Raḥmān ibn Muḥammad ibn Sallām informed us, saying: Isḥāq — namely al-Azraq — narrated to us, saying: ʿAbd al-Malik narrated it to us, from ʿAṭāʾ, from Ayman, the freed slave of Ibn al-Zubayr — and Khālid said in his ḥadīth: the freed slave of al-Zubayr — from Tubayʿ, from Kaʿb, who said: Whoever performs ablution and does it well, then prays — and ʿAbd al-Raḥmān said: then prays — the final ʿishāʾ prayer, then prays after it four rakʿahs, completing — and Suwār said: completes — their bowings and prostrations, and knows what he recites — and Suwār said: recites — in them, they will be for him in the station of Laylat al-Qadr.

4955 — ʿAbd al-Ḥamīd ibn Muḥammad informed us, saying: Makhlad narrated to us, saying: Ibn Jurayj narrated to us, from ʿAṭāʾ, from Ayman, the freed slave of Ibn ʿUmar, from Tubayʿ, from Kaʿb, who said: Whoever performs ablution and does it well, then attends the ʿatamah prayer in congregation, then prays after it four [rakʿahs] like it, reciting in them and completing their bowings and prostrations —

He would have a reward like that of Laylat al-Qadr (the Night of Decree).(1)

4956 — Khal lad ibn Aslam informed us, from Abdullah — namely Ibn Idris — from Muhammad ibn Ishaq, from Amr ibn Shu'ayb, from his father, from his grandfather, who said: The price of a shield (mijann) at the time of the Messenger of Allah, peace and blessings be upon him, was ten dirhams.(2)

11 — Chapter: Stolen hanging fruit

4957 — Qutaybah ibn Sa'id informed us, saying: Abu 'Awanah narrated to us, from Ubayd(3) Allah ibn al-Akhnas, from Amr ibn Shu'ayb, from his father, from his grandfather, who said: The Messenger of Allah, peace and blessings be upon him, was asked: "At what amount is the hand cut off?" He said: "The hand is not cut off(4) for fruit hanging [on trees]. But when it is gathered in the threshing floor, then [the hand] is cut off for [the theft of] the value of a shield. And [the hand] is not cut off for an animal taken from the mountain pasture. But when it has taken refuge(5) in the enclosure, then [the hand] is cut off for [the theft of] the value of a shield."(6)

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(1) This is a repetition of the preceding one. Makhlad: he is Ibn Yazid al-Harrani, and Ibn Jurayj: he is Abd al-Malik ibn Abd al-Aziz, and his narration from Ata ibn Abi Rabah is treated as connected. It is in "al-Kubra" (7401).
(2) Its chain is weak, and the discussion of it has already preceded at narration (4950). It is in "al-Sunan al-Kubra" under number (7402).
Ahmad also transmitted it (6687) from Abdullah ibn Idris, with this chain.
He also transmitted it (6900) from Nasr ibn Bab from Hajjaj ibn Artah, from Amr ibn Shu'ayb, with the wording: "No cutting for [theft of] less than ten dirhams." Its chain is weak due to the weakness of Nasr and Hajjaj ibn Artah.
(3) In copy (K), it is corrupted to: Abd.
(4) The word "hand" is not in copy (R).
(5) In copy (M): took refuge.
(6) Its chain is good (hasan) on account of Shu'ayb: he is Ibn Muhammad ibn Abdullah ibn Amr ibn al-As. Abu 'Awanah: he is al-Waddah ibn Abdullah al-Yashkuri. It is in "al-Sunan al-Kubra" under number (7403).
It will follow in a more complete form in the two subsequent narrations. =

12 - Chapter: On fruit stolen after it has been placed in the drying yard

4958 - Qutaybah ibn Sa'id informed us, saying: Al-Layth narrated to us, from Ibn 'Ajlan, from 'Amr ibn Shu'ayb, from his father, from his grandfather 'Abdullah ibn 'Amr, from the Messenger of Allah, peace and blessings be upon him, that he was asked about hanging fruit, and he said: "Whatever a person in need takes without concealing it in his garment, there is no penalty upon him. But whoever takes something out with it, upon him is a fine of double its value and punishment. And whoever steals something from it after it has been placed in the drying yard, and it reaches the value of a shield, then amputation is upon him. And whoever steals less than that, upon him is a fine of double its value and punishment."

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His saying: "hanging" — al-Sindi said: i.e., on the trees. "Al-Jarin": the place where dates are gathered and dried, and the point is that secure storage must be established for amputation.

"In the mountain pasture's protected animal" — by it he meant the sheep stolen from the pasture, and "protected" means that the thing is taken from the pasture. It is said: "So-and-so eats the protected ones" when he eats people's sheep.

"Al-Muraah" with a fatha on the mim: the place to which it returns and where it spends the night. End quote. Ibn al-Athir said in "Al-Nihayah": "Al-Muraah" with a damma: the place to which livestock return, i.e., where they take shelter at night.

(1) Its chain is sound because of Ibn 'Ajlan, who is Muhammad, and because of Shu'ayb, who is Muhammad ibn 'Abdullah ibn 'Amr ibn al-'As. Al-Layth is Ibn Sa'd. It is in "Al-Sunan al-Kubra" under number (7404).

It was also narrated — in extended and abridged form — by Abu Dawud (1710) and (4390), and al-Tirmidhi (1289), both from Qutaybah, with this chain. Al-Tirmidhi said: A hasan hadith.

It was also narrated — similarly — by Ahmad (6683), (6746), (6891), and (6936), Abu Dawud (1711), and Ibn Majah (2596) through various routes from 'Amr ibn Shu'ayb, with it.

It has already preceded in abridged form in the previous narration, and it will follow in a more complete form in the next narration.

Al-Sindi said: "Whatever a person takes" — this refers to the fruit, and the object pronoun is omitted. "In need" — "min" is redundant, and they interpreted it as referring to a state of necessity, i.e., they said: It is only permitted for one in dire need. "Concealing it in his garment" — the fold of the waist-wrapper and the edge of the garment, i.e., he does not take from it into his clothing. "There is no penalty upon him" — i.e., upon the one who takes it, and something must be estimated in it, i.e., in that fruit. "A fine of double its value" — it appears in the singular in some copies of Abu Dawud, =

4959 — Al-Harith ibn Miskin said — as it was read to him while I was listening — on the authority of Ibn Wahb, who said: 'Amr ibn al-Harith and Hisham ibn Sa'd informed me, on the authority of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather 'Abdullah ibn 'Amr, that a man from Muzaynah came to the Messenger of Allah, peace and blessings be upon him, and said: "O Messenger of Allah, what is your opinion regarding the livestock [stolen] from the mountain pasture?" He said: "It and its like, and the exemplary punishment [are due]. There is no amputation for anything among livestock except for what was sheltered in the enclosure. If it reaches the value of a shield, then the hand is amputated; and if it does not reach the value of a shield, then [the penalty] is a double restitution and exemplary lashings." He said: "O Messenger of Allah, what is your opinion regarding the hanging fruit [on trees]?" He said: "It and its like with it, and the exemplary punishment. There is no amputation for anything among hanging fruit except for what was sheltered in the threshing floor. Whatever is taken from the threshing floor and reaches the value of a shield, then amputation is due for it; and if it does not reach the value of a shield, then [the penalty] is a double restitution and exemplary lashings."

13 — Chapter: What does not incur amputation

4960 — Muhammad ibn Khalid ibn Khali informed us, saying: My father narrated to us, saying: Salamah — meaning Ibn 'Abd al-Malik al-'Awsi — narrated to us, on the authority of al-Hasan — and he is Ibn Salih — on the authority of Yahya ibn Sa'id, on the authority of al-Qasim ibn Muhammad ibn Abi Bakr ——————————————————————————————
= And it is more apparent and more fitting with the principles of the Shari'ah. The doubling is by way of discretionary punishment through property, combining it with the penalty. Most scholars hold that discretionary punishment through property is abrogated.

(1) Its chain is good by virtue of 'Amr ibn al-Harith, and Hisham ibn Sa'd — although there is some weakness in him — has been followed up. Ibn Wahb: he is 'Abdullah. It is in "al-Sunan al-Kubra" under number (7405).
It was also narrated — very briefly — by Ahmad (7094) from Hammad ibn Khalid, from Hisham ibn Sa'd, with this chain.
And the two preceding narrations are to be considered.
His saying: "al-Nakal" — al-Sindi said: i.e., the punishment.

(2) In (R) and in a copy above it in (M): yugta' [is amputated].

On the authority of Rafi' ibn Khadij, who said: I heard the Messenger of Allah, peace and blessings be upon him, say: "There is no cutting off [of the hand] for [the theft of] fruit or palm pith."

4961 - 'Amr ibn 'Ali informed us, saying: I heard Yahya ibn Sa'id al-Qattan say: Yahya ibn Sa'id narrated to us, on the authority of Muhammad ibn Yahya ibn Habban, on the authority of Rafi' ibn Khadij, who said: I heard the Messenger of Allah, peace and blessings be upon him, say: "There is no cutting off [of the hand] for [the theft of] fruit or palm pith."

4962 - Yahya ibn Habib ibn 'Arabi informed me, saying: Hammad narrated to us, from Yahya, from Muhammad ibn Yahya ibn Habban, from Rafi' ibn Khadij: I heard the Messenger of Allah, peace and blessings be upon him, say: "There is no cutting [of the hand] for [the theft of] fruit or palm-heart."

4963 - 'Abd al-Rahman ibn Muhammad ibn Sallam informed us, saying: Abu Mu'awiyah narrated to us, from Yahya ibn Sa'id, from Muhammad ibn Yahya ibn Habban, from Rafi' ibn Khadij, who said: The Messenger of Allah, peace and blessings be upon him, said: "There is no cutting [of the hand] for [the theft of] fruit or palm-heart."

4964 - 'Abd al-Hamid ibn Muhammad informed us, saying: Makhlad narrated to us, saying: Sufyan narrated to us, from Yahya, from Muhammad ibn Yahya ibn Habban, from Rafi' ibn Khadij, from the Prophet, peace and blessings be upon him, who said: "There is no cutting [of the hand] for [the theft of] fruit or palm-heart."

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It has also been narrated as connected [with a continuous chain] as will come in the two narrations (4966) and (4967) with the addition of Wasi' ibn Habban between them, and the discussion regarding them is to be seen in their respective places. It is in "Al-Sunan al-Kubra" under number (7407).

It was also recorded by Ahmad (15804), (17260), and (17281) from Yazid ibn Harun; Ahmad (15814) and the author in "Al-Kubra" (7410) via the path of Shu'bah; Abu Dawud (4388) via the path of Malik; and the author in "Al-Kubra" (7409) via the path of Zuhayr ibn Mu'awiyah — all four of them from Yahya ibn Sa'id al-Ansari, with this chain of transmission.

(1) A sound hadith, and the discussion regarding it has already preceded in the two previous narrations. Hammad: he is Ibn Zayd. And Yahya: he is Ibn Sa'id al-Ansari. It is in "Al-Sunan al-Kubra" under number (7408). It was also recorded by Abu Dawud (4389) from Muhammad ibn 'Ubayd, from Hammad ibn Zayd, with this chain of transmission.

(2) A sound hadith, and the discussion regarding it has already preceded at the two narrations (4960) and (4961). Abu Mu'awiyah: he is Muhammad ibn Khazim al-Darir. It is in "Al-Sunan al-Kubra" under number (7411).

(3) A sound hadith, and the discussion regarding it has already preceded at the two narrations (4960) and (4961). Makhlad: he is Ibn Yazid al-Harrani, and Sufyan: he is Ibn Sa'id al-Thawri. There is a difference of opinion regarding him in its chain of transmission; Makhlad narrated it =

4965 - Muhammad ibn Isma'il ibn Ibrahim informed us, saying: Abu Nu'aym narrated to us, from Sufyan, from Yahya, from Muhammad ibn Yahya ibn Habban, from Rafi' ibn Khadij, who said: The Messenger of Allah, peace and blessings be upon him, said: "There is no cutting [of the hand] for [the theft of] fruit or palm-heart."

4966 - Ahmad ibn Muhammad ibn 'Ubayd Allah — he is Ibn Abi Raja' — informed us, saying: Waki' narrated to us, from Sufyan, from Yahya ibn Sa'id, from Muhammad ibn Yahya ibn Habban, from his uncle Wasi', from Rafi' ibn Khadij, who said: The Messenger of Allah, peace and blessings be upon him, said: "There is no cutting [of the hand] for [the theft of] fruit or palm-heart."

4967 - Qutaybah ibn Sa'id informed us, saying: Al-Layth narrated to us, from Yahya ibn Sa'id, from Muhammad ibn Yahya ibn Habban, from his uncle —

That Rafi' ibn Khadij said: I heard the Messenger of Allah, peace and blessings be upon him, say: "There is no cutting [of the hand] for [the theft of] fruit or palm pith." And al-kathar is the palm pith (al-jummar).(1)

4968 - Muhammad ibn 'Ali ibn Maymun informed us, saying: Sa'id ibn Mansur narrated to us, saying: 'Abd al-'Aziz ibn Muhammad narrated to us, from Yahya ibn Sa'id, from Muhammad ibn Yahya ibn Habban, from Abu Maymun, from Rafi' ibn Khadij, that the Messenger of Allah, peace and blessings be upon him, said: "There is no cutting [of the hand] for [the theft of] fruit or palm pith."(2) Abu 'Abd al-Rahman said: This is an error; I do not know Abu Maymun.

4969 - Al-Husayn ibn Mansur informed us, saying: Abu Usamah narrated to us, saying: Yahya ibn Sa'id narrated to us, from Muhammad ibn Yahya ibn Habban, from a man of his people, from Rafi' ibn Khadij, who said: I heard the Messenger of Allah, peace and blessings be upon him, say: "There is no cutting [of the hand] for [the theft of] fruit or palm pith."(3)

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(1) Its chain of transmission is sound, and the discussion of it has already preceded in the previous narration. Al-Layth: he is Ibn Sa'd. It is in "Al-Sunan al-Kubra" under number (7415).
Al-Tirmidhi also narrated it (1449) from Qutaybah, with this chain. He said: Thus some narrated it from Yahya ibn Sa'id, from Muhammad ibn Yahya ibn Habban, from his uncle Wasi' ibn Habban, from Rafi' ibn Khadij, from the Prophet, peace and blessings be upon him, similar to the narration of al-Layth ibn Sa'd. And Malik ibn Anas and others narrated this hadith from Yahya ibn Sa'id, from Muhammad ibn Yahya ibn Habban, from Rafi' ibn Khadij, from the Prophet, peace and blessings be upon him, and they did not mention in it: from Wasi' ibn Habban.

(2) A sound hadith, but in this chain 'Abd al-'Aziz ibn Muhammad — namely al-Darawardi — differed, saying in it: from Abu Maymun, and he erred in that, as the compiler mentioned after it. And this Abu Maymun is unknown and not recognized.
Abu Usamah Hammad ibn Usamah narrated it — as in the following narration — saying in it: from a man of his people. Al-Darimi said in "Al-Sunan" after the hadith (2309): The correct statement is what Abu Usamah said. The hadith is in "Al-Sunan al-Kubra" under number (7416).
And see what has preceded in the earlier narrations.

(3) A sound hadith, and this is a chain whose narrators are trustworthy, except for the unnamed man in the chain, and perhaps he is the one whose name is specified in the two narrations (4966) and (4967): Wasi' ibn Habban, who is a trustworthy follower (tabi'i), and he is =

4970 - ‘Amr ibn ‘Ali informed us, saying: Bishr narrated to us, saying: Yahya ibn Sa‘id narrated to us, that a man from his people narrated to him, from an uncle of his, that Rafi‘ ibn Khadij said: I heard the Messenger of Allah, peace and blessings be upon him, say: "There is no cutting [of the hand] for [the theft of] fruit or palm-blossom."

4971 - ‘Abdullah ibn ‘Abd al-Samad ibn ‘Ali informed us, from Makhlad, from Sufyan, from Abu al-Zubayr, from Jabir, from the Messenger of Allah, peace and blessings be upon him, who said: "There is no cutting [of the hand] for a traitor, nor for one who seizes [property openly by force], nor for one who snatches [something secretly]." Abu ‘Abd al-Rahman said: Sufyan did not hear it from Abu al-Zubayr.

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.

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= "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.

4973 — Ibrahim ibn al-Hasan informed me, from Hajjaj, who said: Ibn Jurayj said: Abu al-Zubayr said:
From Jabir, from the Messenger of Allah, peace and blessings be upon him: "There is no amputation for the one who snatches goods secretly."

4974 — Ibrahim ibn al-Hasan informed me, from Hajjaj, who said: Ibn Jurayj said: Abu al-Zubayr said:
Jabir said: [The Messenger of Allah, peace and blessings be upon him, said:] "There is no amputation for the traitor."
Abu Abd al-Rahman said: This hadith has also been narrated from Ibn Jurayj by Isa ibn Yunus, al-Fadl ibn Musa, Ibn Wahb, Muhammad ibn Rabi'ah, Makhlad ibn Yazid, and Salamah ibn Sa'id — a Basran, trustworthy; Ibn Abi Safwan said: He was the best of the people of his time. None of them said: "Abu al-Zubayr narrated to me," and I do not think he heard it from Abu al-Zubayr. And Allah Most High knows best.

4975 — Khalid ibn Rawh al-Dimashqi informed us, saying: Yazid — meaning Ibn Khalid ibn Yazid ibn Abd Allah ibn Mawhab — narrated to us, saying: Shababah narrated to us, from al-Mughirah ibn Muslim, from Abu al-Zubayr —

On the authority of Jabir, who said: The Messenger of Allah, peace and blessings be upon him, said: "There is no amputation for one who snatches, nor for one who plunders, nor for one who betrays a trust."(1)

4976 - Muhammad ibn al-'Ala' informed us, saying: Abu Khalid narrated to us, from Ash'ath, from Abu al-Zubayr, on the authority of Jabir, who said: There is no amputation for one who betrays a trust.(2) Abu 'Abd al-Rahman said: Ash'ath ibn Sawwar is weak.

Chapter 14: The amputation of the foot of the thief after the hand

4977 - Sulayman ibn Salm(3) al-Masahifi al-Balkhi informed us, saying: Al-Nadr ibn Shumayl narrated to us, saying: Hammad narrated to us, saying: Yusuf informed us, from al-Harith ibn Hatib, that a thief was brought to the Messenger of Allah, peace and blessings be upon him, and he said: "Kill him." They said: O Messenger of Allah, he only stole. He said: "Kill him." They said: O Messenger of Allah, he only stole. He said: "Cut off his hand." He said: Then he stole again, so his foot was cut off. Then he stole again during the time of------------------------------------------------------------------------
(1) A sound hadith. Al-Mughirah ibn Muslim al-Khurasani—the compiler said of him in "al-Kubra": not strong in [narrating from] Abu al-Zubayr, and he has other than one objectionable hadith. Likewise, Yahya ibn Ma'in deemed his hadiths from Abu al-Zubayr objectionable. We say: that is only the case when he narrates alone, but when he has a corroborator, he is truthful and his hadith is adduced as evidence, and he has been corroborated as previously explained at narration (4972), where the corroboration of Abu al-Zubayr was also mentioned. The rest of the chain's narrators are trustworthy; Shababah is Ibn Sawwar al-Mada'ini. It is in "al-Sunan al-Kubra" under number (7426). The compiler also transmitted it in "al-Kubra" (7425) via the path of 'Umar ibn Warqa', from Mughirah ibn Muslim, with this chain, limiting it to the portion concerning the snatcher.

(2) Sound as a marfu' hadith, as previously explained at narration (4972), but this chain is weak due to the weakness of Ash'ath ibn Sawwar, as the compiler stated after it. Abu Khalid is al-Ahmar, Sulayman ibn Hayyan. It is in "al-Sunan al-Kubra" under number (7427).

(3) Corrupted in (R) and (M) to: Salim.

Abu Bakr, until all its legs were cut off. Then he stole a fifth time, and Abu Bakr said: The Messenger of Allah, peace and blessings be upon him, knew this best when he said: "Kill him." Then he handed him over to some young men of Quraysh to kill him, among them Abdullah ibn al-Zubayr, who loved leadership. He said: Appoint me as your leader. So they appointed him over them, and whenever he struck him, they struck him(1) until they killed him.(2)

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(1) In (K): they struck, and in its margin a variant as I have recorded.
(2) Its narrators are trustworthy, except that some scholars deemed it objectionable. Ibn Abd al-Barr deemed it objectionable, as al-Hafiz transmitted from him in "al-Talkhis al-Habir" 4/69, and al-Dhahabi in his critique of al-Hakim in "al-Mustadrak" 4/382. The author said in "al-Sunan al-Kubra" following the hadith (7429): I know of no sound hadith on this topic. We say: It contradicts what was narrated from him, peace and blessings be upon him, in the hadith of Ibn Mas'ud cited previously under number (4721): "The blood of a Muslim man is not lawful except for one of three: a life for a life, the married adulterer, and the one who abandons his religion and separates from the community." Similar narrations preceded from Aisha under number (4016), and from Uthman under number (4019). The thief is not among these three. Hammad is Ibn Salama, and Yusuf is Ibn Sa'd al-Jumahi. It is in "al-Sunan al-Kubra" under number (7428).
A similar narration will follow in the next report from Jabir, and the author deemed it objectionable.
Al-Sindi said: His saying: "He said: Kill him" — Glory be to the One who caused to flow upon his tongue, peace and blessings be upon him, what his affair would ultimately lead to. The hadith indicates by its apparent meaning that the thief is killed on the fifth offense. Killing on the fifth offense has been narrated as raised to the Prophet from Jabir in "Abu Dawud" and "al-Nasa'i" in the following report, and the jurists hold the contrary. It was said: Perhaps apostasy was found in him that necessitated his killing. This possibility is more consistent with what is in the hadith of Jabir that they dragged him and threw him into the well; for a believer, even if he commits a major sin, is buried and prayed over, especially after the prescribed punishment has been carried out and he has been purified. As for humiliation in this manner, it is not befitting the state of a Muslim. And it was said: Rather, the hadith of killing on the fifth offense is abrogated by the hadith: "The blood of a Muslim man is not lawful..." — and Abu Bakr did not know of its abrogation, so he acted upon it. There is in this that the restriction in that hadith requires interpretation, so how can one rule that this hadith is abrogated, especially since the chronology is unknown? And Allah knows best.
Al-Hafiz said in "al-Fath" 12/99: Some scholars, such as Ibn al-Munkadir and al-Shafi'i, said that this hadith is abrogated. And some said: It is specific to the aforementioned man, as if the Prophet, peace and blessings be upon him, had insight that he was deserving of execution, and therefore ordered his killing from the first time. And it is possible that he was among those who spread corruption in the land.

15 - Chapter: Cutting Off the Hands and Feet of the Thief

4978 - Muhammad ibn 'Abdullah ibn 'Ubayd ibn 'Aqil informed us, saying: My grandfather narrated to us, saying: Mus'ab ibn Thabit narrated to us, from Muhammad ibn al-Munkadir, from Jabir ibn 'Abdullah, who said:

A thief was brought to the Messenger of Allah, peace and blessings be upon him, and he said: "Kill him." They said: "O Messenger of Allah, he only stole." He said: "Cut off his hand." So it was cut off. Then he was brought a second time, and he said: "Kill him." They said: "O Messenger of Allah, he only stole." He said: "Cut off his hand." Then he was brought a third time, and he said: "Kill him." They said: "O Messenger of Allah, he only stole." He said: "Cut off his hand." Then he was brought a fourth time, and he said: "Kill him." They said: "O Messenger of Allah, he only stole." He said: "Cut off his hand." Then he was brought a fifth time, and he said: "Kill him."

Jabir said: So we took him to the animal enclosure, and we carried him, and he lay on his back, then he bared his hand and foot, and the camels scattered. Then they charged at him a second time, and he did the same. Then they charged at him a third time, and we pelted him with stones and killed him. Then we threw him into a well and piled stones over him.

Abu 'Abd al-Rahman said: This hadith...

It is rejected (munkar), and Mus‘ab ibn Thābit is not strong in hadith. And Allah Most High knows best.

16 – Chapter: Cutting off [the hand] during travel

4979 – ‘Amr ibn ‘Uthmān informed us, saying: Baqiyyah narrated to me, saying: Nāfi‘ ibn Yazīd narrated to me, saying: Ḥaywah ibn Shurayḥ narrated to me, from ‘Ayyāsh ibn ‘Abbās, from Junādah ibn Abī Umayyah, who said:
I heard Busr ibn Abī Arṭāh say: I heard the Messenger of Allah ﷺ say: "Hands are not cut off during travel."

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Something similar to this has preceded in the previous narration from the hadith of al-Ḥārith ibn Ḥāṭib, and we mentioned that more than one scholar deemed it objectionable (munkar).

His saying: "then he bared his teeth" (thumma kashshara) – al-Sindī said: It is said: thus it appears in the copies, and al-kashr is the appearance of the teeth when smiling, and it has no great meaning here. In al-Kubrā it appears as "kasara" (with an unpointed letter) and was corrected upon that, and it has no great meaning either. There has also come "kashīsh al-af‘ā" (the hissing of the viper) – with a shīn and two unpointed letters, without a rā’ – meaning the sound of its skin when it moves; one says: kashshat takushshu. And this meaning would be correct here if a narration supported it. Then al-Sindī said: The occurrence of a slight corruption by the copyist is not far-fetched, and Allah knows best.

I say: The editors of al-Kubrā favored from the manuscript the reading "kassa," and they said: Perhaps its meaning is what is found in Lisān [al-‘Arab]: kassa al-shay’a yakussuhu kassan – he crushed it severely. And in the wording there is an ellipsis, meaning: he crushed the ground with his hands and feet.

And his saying: "the camels scattered" (fa-nṣada‘at al-ibil) – al-Sindī said: i.e., they dispersed.

(1) The phrase "And Allah Most High knows best" is from (K).
(2) The word "Abī" is not in (M).
(3) The hadith is authentic (ṣaḥīḥ), but this chain is weak due to the weakness of Baqiyyah – i.e., Ibn al-Walīd – for he commits tadlīs of taswiyah, and he dropped the intermediary between ‘Ayyāsh ibn ‘Abbās and Junādah ibn Abī Umayyah. It is in al-Sunan al-Kubrā under number (7430), and he said after it: This hadith is not one that is adduced as proof.
It was also narrated by Abū Dāwūd (4408) via the path of ‘Abdullāh ibn Wahb, from Ḥaywah, from ‘Ayyāsh ibn ‘Abbās, from Shuyaym ibn Baytān and Yazīd ibn Ṣubḥ, from Junādah ibn Abī Umayyah, with this chain. Ibn ‘Adī said in al-Kāmil 2/141 in the biography of Busr ibn Abī Arṭāh – and it is also said: Ibn Arṭāh –: I do not see any harm in its chain. =

4980 - Al-Hasan ibn Mudrik informed us, saying: Yahya ibn Hammad narrated to us, saying: Abu 'Awanah narrated to us, from 'Umar — who is Ibn Abi Salamah — from his father, from Abu Hurayrah, from the Prophet, peace be upon him, who said: "If a slave steals, then sell him, even for a nashsh."(1)

Abu 'Abd al-Rahman said: 'Umar ibn Abi Salamah is not strong in hadith.

17 - Chapter on the age of maturity, and the mention of the age at which, when a man or woman reaches it, the prescribed punishment is carried out upon them.

4981 - Isma'il ibn Mas'ud informed us, saying: Khalid narrated to us, saying: Shu'bah narrated to us, from 'Abd al-Malik ibn 'Umayr, from 'Atiyyah, that he informed him, saying: I was among the captives of Qurayzah, and they would examine [the captives]; whoever's pubic hair had grown was killed, and whoever's had not grown was spared and not killed.

18 - Chapter: Tying the Hand of the Thief Around His Neck

4982 - Suwayd ibn Nasr informed us, saying: 'Abdullah informed us, from Abu Bakr ibn 'Ali, from Al-Hajjaj, from Mak-hul, from Ibn Muhayriz, who said:
I asked Fadalah ibn 'Ubayd about tying the hand of the thief around his neck. He said: It is a Sunnah. The Messenger of Allah, peace and blessings be upon him, cut off the hand of a thief and tied his hand around his neck.

4983 - Muhammad ibn Bashshar informed us, saying: 'Umar ibn 'Ali al-Muqaddami narrated to me, saying: Al-Hajjaj narrated to us, from Mak-hul, from 'Abd al-Rahman ibn Muhayriz, who said:
I said to Fadalah ibn 'Ubayd: Do you see the tying of the hand around the neck of the thief—is it from the Sunnah? He said: Yes. A thief was brought to the Messenger of Allah, peace and blessings be upon him, and he cut off his hand and tied it around his neck.

Abū ʿAbd al-Raḥmān said: Al-Ḥajjāj ibn Arṭāh is weak, and his ḥadīth is not to be used as evidence.

4984 – ʿAmr ibn Manṣūr informed me, saying: Ḥassān ibn ʿAbd Allāh narrated to us, saying: Al-Mufaḍḍal ibn Faḍālah narrated to us, from Yūnus ibn Yazīd, who said: I heard Saʿd ibn Ibrāhīm narrating from al-Miswar ibn Ibrāhīm, from ʿAbd al-Raḥmān ibn ʿAwf, that the Messenger of Allah, peace and blessings be upon him, said: "The owner of a theft is not made to pay compensation if the prescribed punishment is carried out against him." (1) Abū ʿAbd al-Raḥmān said: This is mursal, and it is not established.

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It was also recorded by Ibn Mājah (2587) from Muḥammad ibn Bashshār, with this chain of transmission.

(1) Its chain of transmission is weak due to its discontinuity; al-Miswar ibn Ibrāhīm did not meet his grandfather ʿAbd al-Raḥmān ibn ʿAwf.
Abū Ḥātim said, as quoted by his son in "al-ʿIlal" (1/452) (1357): This is a munkar ḥadīth. Saʿd ibn Ibrāhīm: he is the son of ʿAbd al-Raḥmān ibn ʿAwf. It is also in "al-Sunan al-Kubrā" under number (7435).

47 - Book of Faith and Its Ordinances (1)

1 - Mention of the Best Deeds

4985 - 'Amr ibn 'Ali informed us, saying: 'Abd al-Rahman narrated to us, saying: Ibrahim ibn Sa'd narrated to us, from al-Zuhri, from Sa'id ibn al-Musayyib, from Abu Hurayrah, that the Messenger of Allah, peace and blessings be upon him, was asked: "Which deeds are best?" He said: "Faith in Allah and His Messenger (2) (3)."

4986 - Harun ibn 'Abdullah informed us, saying: Hajjaj narrated to us, from Ibn Jurayj, saying: 'Uthman ibn Abi Sulayman narrated to us, from 'Ali al-Azdi, from 'Ubayd (4) ibn 'Umayr, from 'Abdullah ibn Hubshi al-Khath'ami, that the Prophet, peace and blessings be upon him, was asked: "Which deeds are best?" He said: "Faith in which there is no doubt, jihad in which there is no treachery, and an accepted Hajj (5)."

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(1) This book is not in "Al-Sunan al-Kubra," and preceding the following hadith in the manuscripts, except (M), is the text: "Abu 'Abd al-Rahman Ahmad ibn Shu'ayb narrated to us from his dictation..." Al-Sindi said: His saying: "he is not to be made liable" is from tahrim (imposing financial liability), meaning: if the actual stolen goods are found with him, they are taken from him; otherwise, he is left after the prescribed punishment is carried out on him, and he does not guarantee (the value).

(2) In (M): "Faith in Allah and His messengers," and above it is what is confirmed.

(3) Its chain is authentic; 'Amr ibn 'Ali is al-Fallas, 'Abd al-Rahman is Ibn Mahdi, and Ibrahim ibn Sa'd is Ibn Ibrahim al-Zuhri. Ahmad (7590), al-Bukhari (26) and (1519), and Muslim (83): (135) also recorded it via multiple paths from Ibrahim ibn Sa'd, from al-Zuhri, with this chain, with the addition of mentioning jihad and the accepted Hajj. It has preceded with this addition via the path of Ma'mar, under numbers (2624) and (3130).

(4) In the printed edition it appears as: 'Ubaydullah ibn 'Umayr, which is an error.

(5) An authentic hadith with its supporting witnesses; its narrators are trustworthy except 'Ali al-Azdi - who is Ibn 'Abdullah al-Bariqi - for he is truthful (saduq). Hajjaj is Ibn Muhammad al-Misisi, and Ibn Jurayj is 'Abd al-Malik ibn 'Abd al-'Aziz, and he explicitly stated his narration (with tahdith). Al-Hafiz Ibn Hajar strengthened its chain in "Al-Isabah" (biography of 'Abdullah ibn Hubshi).=