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(Book 41, Hadith 32) #36614
Punishment for Stealing Fruit or Palm Pith

SUMMARY: The hadith is about a slave who stole a small palm from his master's garden and was going to be punished by having his hand cut off. However, the punishment was not carried out as it was against the teachings of Prophet Muhammad (PBUH).

Yahya related to me from Malik from Yahya ibn Said from Muhammad ibn Yahya ibn Habban that a slave stole a small palm from a man's garden and planted it in the garden of his master. The owner of the palm went out looking for the palm and found it. He asked for help against the slave from Marwan ibn al-Hakam. 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. He said, "Did you arrest a slave for this?" He said, "Yes". He said, "What will you do with him?" He said, "I want 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 dates or palm pith'. Marwan therefore ordered the slave to be released".
وَحَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، أَنَّ عَبْدًا، سَرَقَ وَدِيًّا مِنْ حَائِطِ رَجُلٍ فَغَرَسَهُ فِي حَائِطِ سَيِّدِهِ فَخَرَجَ صَاحِبُ الْوَدِيِّ يَلْتَمِسُ وَدِيَّهُ فَوَجَدَهُ فَاسْتَعْدَى عَلَى الْعَبْدِ مَرْوَانَ بْنَ الْحَكَمِ فَسَجَنَ مَرْوَانُ الْعَبْدَ وَأَرَادَ قَطْعَ يَدِهِ فَانْطَلَقَ سَيِّدُ الْعَبْدِ إِلَى رَافِعِ بْنِ خَدِيجٍ فَسَأَلَهُ عَنْ ذَلِكَ فَأَخْبَرَهُ أَنَّهُ سَمِعَ رَسُولَ اللَّهِ يَقُولُ ‏"‏ لاَ قَطْعَ فِي ثَمَرٍ وَلاَ كَثَرٍ ‏"‏ ‏.‏ وَالْكَثَرُ الْجُمَّارُ ‏.‏ فَقَالَ الرَّجُلُ فَإِنَّ مَرْوَانَ بْنَ الْحَكَمِ أَخَذَ غُلاَمًا لِي وَهُوَ يُرِيدُ قَطْعَهُ وَأَنَا أُحِبُّ أَنْ تَمْشِيَ مَعِيَ إِلَيْهِ فَتُخْبِرَهُ بِالَّذِي سَمِعْتَ مِنْ رَسُولِ اللَّهِ ‏.‏ فَمَشَى مَعَهُ رَافِعٌ إِلَى مَرْوَانَ بْنِ الْحَكَمِ فَقَالَ أَخَذْتَ غُلاَمًا لِهَذَا فَقَالَ نَعَمْ ‏.‏ فَقَالَ فَمَا أَنْتَ صَانِعٌ بِهِ قَالَ أَرَدْتُ قَطْعَ يَدِهِ ‏.‏ فَقَالَ لَهُ رَافِعٌ سَمِعْتُ رَسُولَ اللَّهِ يَقُولُ ‏"‏ لاَ قَطْعَ فِي ثَمَرٍ وَلاَ كَثَرٍ ‏"‏ ‏.‏ فَأَمَرَ مَرْوَانُ بِالْعَبْدِ فَأُرْسِلَ

TOPICS
theft  *  punishment  *  mercy  *  ghish  *  aqabah  *  ramah  *  muammad  *  muhammad

QUICK LESSONS:
Treat people fairly & justly even if they commit wrong doings; Show mercy towards those who do wrong; Follow Islamic laws & teachings; Respect authority figures like Marwan Ibn Al Hakam; Listen carefully & follow instructions given by respected figures like Rafi Ibn Khadij .

EXPLANATIONS:
This hadith is about a slave who stole a small palm from his master's garden and was going to be punished by having his hand cut off. However, the punishment was not carried out as it went against the teachings of Prophet Muhammad ﷺ. The owner of the palm went looking for it and found it in the slave's master's garden. He asked Marwan ibn al-Hakam for help in punishing him but Rafi ibn Khadij intervened and reminded them that according to what he heard from Prophet Muhammad ﷺ no one should have their hands cut off for stealing fruit or palm piths. As such Marwan ordered that the slave be released instead of being punished with cutting off his hand which would have been an unjust punishment according to Islamic law. This hadith teaches us that justice should always prevail over injustice even if someone has committed wrong doing they should still be treated fairly and justly according to Islamic law rather than being subjected to cruel punishments which are not prescribed by Islam itself. It also teaches us mercy towards those who have done wrong as we must remember that Allah is most merciful towards His creation so we too must show mercy when dealing with others even if they have done something wrong or illegal according to our laws or beliefs.

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