Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-05b
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The reciter: 'Umar ibn Hafs ibn Ghiyath narrated to us, my father narrated to me, al-A'mash narrated to us, he said: I heard Abu Salih from Abu Hurayrah from the Prophet (peace and blessings be upon him), who said: Sunan Ibn Majah 2583Sahih (Darussalam).
Al-A'mash said: "They held that it was iron eggs, and as for the rope, they held that some of them were worth dirhams".
The Shaykh : The author (may Allah have mercy on him) established this chapter after the Prophet's (peace and blessings be upon him) prohibition of cursing the drinker mentioned previously, to clarify that general cursing is permissible, such as saying: "May Allah curse the thieves," "May Allah curse the fornicators," and the like. So if you curse in a general sense, there is no harm, such as "May Allah curse the one who conceals knowledge," and other general matters.
General cursing is cursing attached to descriptions; this is general cursing. Specific cursing is that attached to specific individuals.
The first is permissible if the description is one that deserves cursing, such as oppression[Hud 11:18].
The second is forbidden and prohibited, even if the person is a disbeliever, for it is not permissible to curse a specific individual. When the Prophet (peace and blessings be upon him) used to announce specific people, Allah said to him:[Ali 'Imran 3:128], and what do you know? Perhaps Allah the Exalted will bestow a favor upon this disbeliever whom you are cursing, and he will submit, and become one of the best of Allah's servants.
As for if he dies a disbeliever, then cursing him is permissible.
However, one might say that it is contrary to what is best, due to the saying of the Prophet (peace and blessings be upon him):Sahih Ibn Hibban 11:132. The curse here does not benefit anything, because if he died a disbeliever, he is already cursed whether you called for a curse upon him or not. Therefore, if a person purified his tongue even from cursing a specific disbeliever after his death, that would be better and more appropriate.
And his saying (peace and blessings be upon him): Is it a supplication or a report? It is a report in the sense of a supplication.
And his saying: to the end, this is a descriptive clause for what he steals.
As for the egg, al-A'mash says: "They held that it was iron eggs", meaning not chicken eggs. This is because chicken eggs do not reach the threshold (nisab) for which the hand is cut off, for there is no cutting off except for a quarter of a dinar or more. An egg does not result in a person's hand being cut off, and the Prophet (peace and blessings be upon him) cursed the thief who is subject to cutting off, whereas the one who is not subject to cutting off does not fall under the curse.
But does one who steals an egg have his hand cut off?
We say: As for chicken eggs, no, because chicken eggs are not worth a quarter of a dinar. But if it is an iron egg, meaning a helmet placed on the head in war, this might be worth more than a quarter of a dinar. For this reason, they interpreted it as such.
As for the rope, he says: "They held that some of them were worth dirhams", meaning three or more, because less than three does not result in cutting off.
It was also said that the rope referred to is the rope used to tie ships, which is a great, wide, and long rope worth the amount for which a thief's hand is cut off.
There is another opinion regarding the hadith. It says the meaning is that the thief steals an egg and has his hand cut off, meaning he steals an egg first, then theft becomes easy for him, and he steals a second and third time until he reaches a theft for which the hand is cut off. And so with the rope. On this view, his saying: is based on the cause by which he gradually progresses to stealing what necessitates cutting off.
The questioner : Shaykh, what is the meaning of these chapter headings in the Book of Prescribed Punishments? This heading and the one before it?
The Shaykh : These are all prescribed punishments.
The questioner : The chapter before, it says: The thief when he steals. Then it brought something related to faith. Is there anything in it related to prescribed punishments?
The Shaykh : No, his intention (may Allah have mercy on him) is that when the thief steals, the perfection of his faith is removed. So he intended to clarify the prescribed punishments and what follows from these actions.
May Allah curse the thief! He steals an egg and his hand is cut off, and he steals a rope and his hand is cut off
لعن الله السارق، يسرق البيضة فتقطع يده، ويسرق الحبل فتقطع يدهAl-A'mash said: "They held that it was iron eggs, and as for the rope, they held that some of them were worth dirhams".
The Shaykh : The author (may Allah have mercy on him) established this chapter after the Prophet's (peace and blessings be upon him) prohibition of cursing the drinker mentioned previously, to clarify that general cursing is permissible, such as saying: "May Allah curse the thieves," "May Allah curse the fornicators," and the like. So if you curse in a general sense, there is no harm, such as "May Allah curse the one who conceals knowledge," and other general matters.
General cursing is cursing attached to descriptions; this is general cursing. Specific cursing is that attached to specific individuals.
The first is permissible if the description is one that deserves cursing, such as oppression
Unquestionably, the curse of Allah is upon the wrongdoers.
ألا لعنة الله على الظالمينThe second is forbidden and prohibited, even if the person is a disbeliever, for it is not permissible to curse a specific individual. When the Prophet (peace and blessings be upon him) used to announce specific people, Allah said to him:
Not for you, [O Muhammad, but for Allah], is the decision whether He should [cut them down] or forgive them or punish them, for indeed, they are wrongdoers.
ليس لك من الأمر شيء أو يتوب عليهم أو يعذبهم فإنهم ظالمونAs for if he dies a disbeliever, then cursing him is permissible.
However, one might say that it is contrary to what is best, due to the saying of the Prophet (peace and blessings be upon him):
Do not revile the dead, for they have passed on to what they sent before them.
لا تسبوا الأموات فإنهم أفضوا إلى ما قدمواAnd his saying (peace and blessings be upon him):
May Allah curse the thief
لعن الله السارقAnd his saying:
who steals an egg ...
يسرق البيضة ...As for the egg, al-A'mash says: "They held that it was iron eggs", meaning not chicken eggs. This is because chicken eggs do not reach the threshold (nisab) for which the hand is cut off, for there is no cutting off except for a quarter of a dinar or more. An egg does not result in a person's hand being cut off, and the Prophet (peace and blessings be upon him) cursed the thief who is subject to cutting off, whereas the one who is not subject to cutting off does not fall under the curse.
But does one who steals an egg have his hand cut off?
We say: As for chicken eggs, no, because chicken eggs are not worth a quarter of a dinar. But if it is an iron egg, meaning a helmet placed on the head in war, this might be worth more than a quarter of a dinar. For this reason, they interpreted it as such.
As for the rope, he says: "They held that some of them were worth dirhams", meaning three or more, because less than three does not result in cutting off.
It was also said that the rope referred to is the rope used to tie ships, which is a great, wide, and long rope worth the amount for which a thief's hand is cut off.
There is another opinion regarding the hadith. It says the meaning is that the thief steals an egg and has his hand cut off, meaning he steals an egg first, then theft becomes easy for him, and he steals a second and third time until he reaches a theft for which the hand is cut off. And so with the rope. On this view, his saying:
and has his hand cut off
فيقطعThe questioner : Shaykh, what is the meaning of these chapter headings in the Book of Prescribed Punishments? This heading and the one before it?
The Shaykh : These are all prescribed punishments.
The questioner : The chapter before, it says: The thief when he steals. Then it brought something related to faith. Is there anything in it related to prescribed punishments?
The Shaykh : No, his intention (may Allah have mercy on him) is that when the thief steals, the perfection of his faith is removed. So he intended to clarify the prescribed punishments and what follows from these actions.