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Sunan Abi Dawud 4382 (Book 40, Hadith 32) #24673
Justice and Retaliation in Theft Cases

SUMMARY: An-Nu'man ibn Bashir, a companion of the Prophet, set free some men accused of theft without beating or investigation. He then warned that if their goods were not found with them, he would take retaliation from their backs as he had taken from the backs of those accused.

Azhar ibn Abdullah al-Harari said: Some goods of the people of Keilah 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.
حَدَّثَنَا عَبْدُ الْوَهَّابِ بْنُ نَجْدَةَ، حَدَّثَنَا بَقِيَّةُ، حَدَّثَنَا صَفْوَانُ، حَدَّثَنَا أَزْهَرُ بْنُ عَبْدِ اللَّهِ الْحَرَازِيُّ، أَنَّ قَوْمًا، مِنَ الْكَلاَعِيِّينَ سُرِقَ لَهُمْ مَتَاعٌ فَاتَّهَمُوا أُنَاسًا مِنَ الْحَاكَةِ فَأَتَوُا النُّعْمَانَ بْنَ بَشِيرٍ صَاحِبَ النَّبِيِّ ﷺ فَحَبَسَهُمْ أَيَّامًا ثُمَّ خَلَّى سَبِيلَهُمْ فَأَتَوُا النُّعْمَانَ فَقَالُوا خَلَّيْتَ سَبِيلَهُمْ بِغَيْرِ ضَرْبٍ وَلاَ امْتِحَانٍ ‏.‏ فَقَالَ النُّعْمَانُ مَا شِئْتُمْ إِنْ شِئْتُمْ أَنْ أَضْرِبَهُمْ فَإِنْ خَرَجَ مَتَاعُكُمْ فَذَاكَ وَإِلاَّ أَخَذْتُ مِنْ ظُهُورِكُمْ مِثْلَ مَا أَخَذْتُ مِنْ ظُهُورِهِمْ ‏.‏ فَقَالُوا هَذَا حُكْمُكَ فَقَالَ هَذَا حُكْمُ اللَّهِ وَحُكْمُ رَسُولِهِ ﷺ ‏.‏ قَالَ أَبُو دَاوُدَ إِنَّمَا أَرْهَبَهُمْ بِهَذَا الْقَوْلِ أَىْ لاَ يَجِبُ الضَّرْبُ إِلاَّ بَعْدَ الاِعْتِرَافِ
TOPICS
justice  *  retaliation  *  theft  *  acknowledgement  *  aadl  *  qisas  *  sariqa  *  iqrar

QUICK LESSONS:
Seek out justice through proper investigations before taking matters into one's own hands; exercise restraint when punishing/retaliating against someone; treat all parties fairly regardless if they are guilty or innocent; acknowledge wrongdoing when it has been committed by oneself; respect authority figures such as companions of the Prophet who have been appointed to investigate matters like this one .

EXPLANATIONS:
This hadith speaks to justice and retaliation in cases of theft. An-Nu'man ibn Bashir was a companion of the Prophet who was asked to investigate some people accused of stealing goods from the people of Keilah. He chose not to beat or investigate them but instead set them free. However, he warned that if their goods were not found with them, he would take retaliation from their backs as he had taken from those accused. This statement is meant to frighten those who are guilty into confessing so that they can be punished accordingly and justice can be served for all parties involved. The lesson here is that justice should always be sought out in cases such as these and it should never be taken into one's own hands without proper investigation first.

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