Prescribed Punishments (Kitab Al-Hudud)

Abu ‘Umamah said : A man came to the prophet (ﷺ) and said : Messenger of Allah ! I have committed a crime which involves prescribed punishment so inflict it on me . He said : Have you not performed ablution when you came? He said : Yes, He said: Have you not prayed with us when we prayed ? He said : Yes .He then said : Go off, for Allah, the Exalted, forgave you.

Azhar ibn Abdullah al-Harari said: Some goods of the people of Kila' were stolen. They accused some men of the weavers (of theft). They came to an-Nu'man ibn Bashir, the companion of the Prophet (ﷺ). He confined them for some days and then set them free. They came to an-Nu'man and said: You have set them free without beating and investigation. An-Nu'man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (ﷺ).Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.

‘A’ishah said: The prophet (ﷺ) used to cut off a thief’s hand for a quarter of a dinar and upwards.

‘A’ishah reported the prophet (ﷺ) as saying : A thief’s hand should be cut off for a quarter of a dinar and upwards.Ahmed b. Salih said: The amputation (of a thief’s hand) is for a quarter of a dinar and upwards.

Ibn ‘Umar’ said: The Messenger of Allah (ﷺ) had thief’s hand cut off for a shield worth three dirhams.

Narrated Abdullah ibn Umar: The Prophet (ﷺ) had a man's hand cut off who had stolen from the place reserved for women a shield whose price was three dirhams.

Narrated Abdullah ibn Abbas: The Messenger of Allah (ﷺ) had a man's hand cut off for (stealing) a shield whose price was a dinar or ten dirhams.Abu Dawud said: Muhammad bin Salamah and Sa'dan bin Yahya have transmitted it from Ibn Ishaq through his chain of narrators.

Narrated Rafi' ibn Khadij: Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it. He told him that he had heard the Messenger of Allah (ﷺ) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Messenger of Allah (ﷺ). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam. Rafi' said to him: I heard the Messenger of Allah (ﷺ) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.Abu Dawud said: Kathar means pith of the palm-tree.

This tradition has also been transmitted by Muhammad bin Yahya bin Hibban through a different chain of narrators. This version adds : Marwan gave him some lashes and let him go.

Narrated Abdullah ibn Amr ibn al-'As: The Messenger of Allah (ﷺ) was asked about fruit which was bung up and said: If a needy person takes some with his mouth and does not take a supply away in his garment, there is nothing on him, but he who carries any of it is to be fined twice the value and punished, and he who steals any of it after it has been put in the place where dates are dried to have his hand cut off if their value reaches the value of a shield. If he steals a thing less in value than it, he is to be find twice the value and punished.Abu Dawud said: Jarin means the place where dates are dried.

Narrated Jabir ibn Abdullah: The Prophet (ﷺ) said: Cutting of hand is not to be inflicted on one who plunders, but he who plunders conspicuously does not belong to us.

Narrated Jabir ibn Abdullah: He also said through this chain: The Messenger of Allah (ﷺ) said: Cutting of the hand is not to be inflicted on one who is treacherous.

The tradition mentioned above has also been transmitted by Jabir through a different chain of narrators. This version adds : Cutting of the hand is not be inflicted on one who snatches something.Abu Dawud said : Ibn Juraij did not hear these two traditions from Abu al-Zubair, I have been informed by Ahmad. B. Hanbal saving : Ibn Juraij heard them from Yasin al-Zayyat.Aby Dawud said: Al-Mughirah b. Muslim has transmitted it from Abu al-Zubair from Jabir From the prophet(ﷺ).

Narrated Safwan bin Umayyah: I was sleeping in the mosque on a cloak mine whose price was thirty dirhams. A man came and pinched it away from me. The man was seized and brought to the Messenger of Allah (ﷺ). He ordered that his hand should be cut off. I came to him and said: Do you cut off only for thirty dirhams ? I sell it to him and make the payment of its price a loan ? He said: Why did you not do so before bringing him to me ?Abu Dawud said: Za'idah has also transmitted it from Simak from Ju'ayd ibn Hujayr. He said: Safwan slept. Mujahid and Tawus said: While he was sleeping a thief came and stole the cloak from beneath his head. The version of AbuSalamah ibn AbdurRahman has: He snatched it away from beneath his head and he awoke. He cried and he (the thief) was seized. Az-Zuhri narrated from Safwan ibn Abdullah. His version has: He slept in the mosque and used his cloak as pillow. A thief came and took his cloak. The thief was seized and brought to the Prophet (ﷺ).

Ibn ‘Umar said: A Makhzuml woman used to borrow goods and deny having received them, so the prophet (ﷺ) gave orders and her hand was cut off.Abu Dawud said: Juwairiyyah has transmitted it from Nafi from Ibn ‘Umar or from Safiyyah daughter of Abu ‘Ubaid. This version adds: The prophet (ﷺ) got up and gave an address saying : Is there any woman who repents to Allah, the Exalted, and to his Apostle? He said it three times, That( woman) was present there but she did not get up and speak. Ibn Ghunj transmitted it from Nafi from Safiyyah daughter of Abu ‘Ubaid. This version has : He witnessed to her.

Narrated Aisha, Ummul Mu'minin: A woman borrowed jewellery through some known persons and she herself was unknown. She then sold them. She was seized and brought to the Prophet (ﷺ). He gave orders that her hand should be cut off. It is this woman about whom Usamah interceded and of her the Messenger of Allah (ﷺ) said whatever he said.

‘A’ishah said : A Makhzuml woman used to borrow goods and deny having received them. The prophet (ﷺ) gave orders that her hand should be cut off. He (the narrator) then narrated the tradition similar to the one transmitted by Qutaibah from al-Laith from Ibn Shahib. This version adds: The prophet(ﷺ) had her hand cut off.

Narrated Aisha, Ummul Mu'minin: The Messenger of Allah (ﷺ) said: There are three (persons) whose actions are not recorded: a sleeper till he awakes, an idiot till he is restored to reason, and a boy till he reaches puberty.

Narrated Ali ibn AbuTalib: Ibn Abbas said: A lunatic woman who had committed adultery was brought to Umar. He consulted the people and ordered that she should be stoned. Ali ibn AbuTalib passed by and said: What is the matter with this (woman)? They said: This is a lunatic woman belonging to a certain family. She has committed adultery. Umar has given orders that she should be stoned. He said: Take her back. He then came to him and said: Commander of the Faithful, do you not know that there are three people whose actions are not recorded: a lunatic till he is restored to reason, a sleeper till he awakes, and a boy till he reaches puberty? He said: Yes. He then asked: Why is it that this woman is being stoned? He said: There is nothing. He then said: Let her go. He (Umar) let her go and began to utter: Allah is most great.

A similar tradition has also been transmitted by al-A’mash through a different chain of narrators. He also said : “... . Till he reaches puberty , and a lunatic till he is restored to consciousness.” ‘Umar then began to utter: Allah is most great.

Narrated Ali ibn AbuTalib: Ibn Abbas said: A lunatic woman passed by Ali ibn AbuTalib. He then mentioned the rest of the tradition to the same effect as Uthman mentioned. This version has: Do you not remember that the Messenger of Allah (ﷺ) has said: There are three whose actions are not recorded: a lunatic whose mind is deranged till he is restored to consciousness, a sleeper till he awakes, and a boy till he reaches puberty?

Narrated Ali ibn AbuTalib: AbuZubyan said: A woman who had committed adultery was brought to Umar. He gave orders that she should be stoned. Ali passed by just then. He seized her and let her go. Umar was informed of it. He said: Ask Ali to come to me. Ali came to him and said: Commander of the Faithful, you know that the Messenger of Allah (ﷺ) said: There are three (people) whose actions are not recorded: A boy till he reaches puberty, a sleeper till he awakes, a lunatic till he is restored to reason. This is an idiot (mad) woman belonging to the family of so and so. Someone might have done this action with her when she suffered the fit of lunacy. Umar said: I do not know. Ali said: I do not know.

Narrated Ali ibn AbuTalib: The Prophet (ﷺ) said: There are three (persons) whose actions are not recorded: a sleeper till he awakes, a boy till he reaches puberty, and a lunatic till he comes to reason.Abu Dawud said: Ibn Juraij has transmitted it from Al-Qasim b. Yazid on the authority of 'Ali from the Prophet (ﷺ). This version adds: "and an old man who is feeble-minded."

Narrated Atiyyah al-Qurazi: I was among the captives of Banu Qurayzah. They (the Companions) examined us, and those who had begun to grow hair (pubes) were killed, and those who had not were not killed. I was among those who had not grown hair.

The tradition mentioned above has also been transmitted by ‘Abd al- Malik b. ‘Umar through a different chain of narrators. This version has: They uncovered my private parts, and when they found that the hair had not begun to grow they put me among the captives.

Ibn ‘Umar said: He was presented before the prophet (ﷺ) on the day of Uhd when he was fourteen years old, but he did not allow him (to participate in the battle). He was again presented before him on the day of Khandaq when he was fifteen years old, Then he allowed him.

Nafi ‘said: When I mentioned this tradition to ‘Umar.b.’Abd al-Aziz he said : This prescribed punishment is between the minor and the major.

Narrated Busr ibn Artat: Junadah ibn AbuUmayyah said: We were with Busr ibn Artat on the sea (on an expedition). A thief called Misdar who had stolen a bukhti she-camel was brought. He said: I heard the Messenger of Allah (ﷺ) say: Hands are not to be cut off during a warlike expedition. Had it not been so, I would have cut it off.

Narrated AbuDharr: The Messenger of Allah (ﷺ) said to me: O AbuDharr: I replied: At your service and at your pleasure, Messenger of Allah! He said: how will you do when death smites people, and a house, meaning a grave, will cost as much as a slave. I said: Allah and His Apostle know best, or he said: What Allah and His Apostle choose for me. He said: Show endurance, or he said: You may show endurance.Abu Dawud said: Hammad b. Abi Sulaiman said: The hand of one who rifles a grave should be cut off because he had entered the deceased's house.

Narrated Jabir ibn Abdullah: A thief was brought to the Prophet (ﷺ). He said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his foot. So his (left) foot was cut off. He was brought a third time and he said: Kill him. The people said: He has committed theft, Messenger of Allah! So he said: Cut off his hand. (So his (left) hand was cut off.) He was brought a fourth time and he said: Kill him. The people said: He has committed theft, Messenger of Allah! So he said: Cut off his foot. So his (right) foot was cut off. He was brought a fifth time and he said: Kill him. So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.