And prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions: The author (may Allah have mercy on him) transmitted: “In the chapter on the prohibition of intercession in fixed punishments”
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The reader: In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions:
The author (may Allah have mercy on him) transmitted: “In the chapter on the prohibition of intercession in fixed punishments:”
Narrated by Aisha (may Allah be pleased with her):Mishkat al-Masabih 3610 It is agreed upon by al-Bukhari and Muslim.
And in a narration:Riyad as-Salihin 1770 ".
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The author (may Allah have mercy on him) said: “The chapter on the prohibition of intercession in fixed punishments”:
Fixed punishments (hudud) are the penalties that Allah and His Messenger have prescribed for the perpetrator of a sin. Among them are the fixed punishment for unlawful sexual intercourse, the fixed punishment for falsely accusing someone of unlawful sexual intercourse, the fixed punishment for theft, and the fixed punishment for armed robbery and brigandage.
As for killing for apostasy, it is not among the fixed punishments, because if an apostate repents, even after he has been brought before the ruler, the killing is dropped from him. However, these fixed punishments are necessary, and they are not dropped except if a person repents before he is caught, based on the saying of Allah the Exalted:[Al-Ma'idah 5:33-34].
Then the author mentioned the hadith of Aisha (may Allah be pleased with her):As-Sunan al-Kubra lil-Nasa'i 53:22: And he clarified that the theft was that she would borrow items and deny having borrowed them. That is, she would come to people and say: “Lend me the bucket, lend me the pot, lend me the vessel, lend me the vessel.” They would lend them to her out of kindness to her, and then she would deny the loan and say: “You did not lend us anything.” So the Prophet (peace and blessings be upon him and his family) equated denying a loan with theft, because a thief enters houses secretly and takes things, and this woman stole people’s money secretly, taking it from them as a loan, and as a kindness from the owners of the wealth, and then denying it.
The Prophet (peace and blessings be upon him) ordered that her hand be cut off. She was from the Banu Makhzum, one of the noblest tribes of Quraysh, so this concerned them deeply, meaning that worry befall them regarding this: How could the hand of the woman from Makhzum be cut off?! They sought someone to intercede with the Messenger of Allah (peace and blessings be upon him and his family), and they said:Sahih Muslim 1688b. They did not mention Abu Bakr, or Umar, or Uthman, or anyone of higher status than Usamah ibn Zayd. Either they had tried to do so and failed, or they knew from the start that they would not be able to intercede in a fixed punishment from the fixed punishments of Allah. The important point is that they asked Usamah ibn Zayd (may Allah be pleased with him).
And Usamah is Usamah ibn Zayd ibn Harithah. Zayd ibn Harithah was a slave, and Khadijah gifted him to the Prophet (peace and blessings be upon him), who then freed him. The Prophet loved him and loved his son Usamah.
Usamah spoke to the Prophet (peace and blessings be upon him) about the matter of the woman, hoping that the cutting off of her hand would be lifted from her. The face of the Messenger of Allah (peace and blessings be upon him) changed color, and he said to him, disapproving of him:Sunan Abi Dawud 4373Sahih (Al-Albani): Meaning that it was not befitting for him to intercede in a fixed punishment from the fixed punishments of Allah.
: Meaning he delivered an eloquent sermon, because *ikhtataba* is more eloquent than *khataba* due to the addition of the hamza and the ta. The scholars of the Arabic language have said: “The addition in structure indicates an addition in meaning”, meaning that the addition of letters in a word indicates an addition in its meaning. The important point is that his saying *ikhtataba* means he delivered an eloquent sermon.
Then he said:: “They were destroyed” means by their sins, by the punishment and penalties. This matter destroyed them. When a noble person among them stole, they left him alone, saying: “This is a noble person, we cannot cut off his hand.” When a weak person among them stole, they applied the fixed punishment to him. So their application of the fixed punishments of Allah was according to their desires.
And in this is evidence that those who came before us used to steal, and that theft was common among them, existing among the rich and the poor, the noble and the weak.
Then he (peace and blessings be upon him) swore an oath, and he is the truthful one who does not need to swear an oath. He swore and said:Sunan an-Nasa'i 4899Sahih (Darussalam): May Allah send prayers and peace upon him. This is justice, and this is the execution of the ruling of Allah, not following desires. He swore that Fatimah, the daughter of Muhammad, who is more noble than the woman from Makhzum in lineage and ancestry, , swore that if she had stolen, he would have cut off her hand.
And in his saying: there are two opinions:
The first opinion is that the Messenger himself would carry out the cutting, and this is more emphatic.
The second is that he would order someone to cut off her hand. And in any case, the Messenger (peace and blessings be upon him) made it clear that it is not possible to avert a fixed punishment from anyone because of his nobility or status, ever. The fixed punishment is a right for Allah the Mighty and Majestic.
: And she was a woman from the nobles of Quraysh, and yet the fixed punishment was not dropped from her.
And thus it is obligatory for those in authority that people should be equal in their eyes regarding the application of fixed punishments, and that they should not favor anyone because of his closeness, or his wealth, or his nobility in his tribe, or otherwise. The fixed punishment is for Allah the Mighty and Majestic, and it is obligatory to apply it for the sake of Allah the Mighty and Majestic. Look at His saying the Exalted:[An-Nur 24:2]. And among those who take mercy and intercede for them: Do not intercede for anyone in a fixed punishment. Apply it, and do not be gentle with him, and do not have mercy on him. Do not say: “This is a noble person, this is a weak person, this is a father of children.” Never let that concern you. Meaning, if a person commits unlawful sexual intercourse and he is a married person, and the fixed punishment is established against him, and he has young children and wives who will become widows after him, and the children will become orphans after him, do not be concerned with that. Apply the fixed punishment to him. Stone him, even if he dies. Rather, stone him until he dies, and do not say: “By Allah, he has young children and wives.” Do not let that concern you. Apply the fixed punishment to everyone who commits a sin that warrants a fixed punishment.
And because the Muslim community was upon this justice and indifference to blame, and because it did not take in Allah the reproach of a rebuker, it had honor, strength, and clear victory. And because the Muslim community became negligent in applying the fixed punishments of Allah, and favoritism and mediation began to work in dropping the fixed punishments of Allah the Mighty and Majestic, the Muslim community declined to the point that you see now. So we ask Allah the Exalted to restore the glory of the Muslim community and its adherence to its religion, for He is capable of all things.
Praise be to Allah, Lord of the worlds, and may prayers and peace be upon our Prophet Muhammad, and upon his family and all his Companions:
The author (may Allah have mercy on him) transmitted: “In the chapter on the prohibition of intercession in fixed punishments:”
Narrated by Aisha (may Allah be pleased with her):
Quraish were anxious about the Makhzumi woman who had committed theft and asked, “Who will speak to God’s Messenger about her?” Then they said, “Who will be bold enough for it but Usama b. Zaid, God’s Messenger’s friend?” So Usama spoke to him and God’s Messenger said, “Are you interceding regarding one of the punishments prescribed by God?” He then got up and gave an address, saying, “What destroyed your predecessors was just that when a person of rank among them committed a theft they left him alone, but when a weak one of their number committed a theft they inflicted the prescribed punishment on him. I swear by God that if Fatima daughter of Muhammad should steal I would have her hand cut off.”
أن قريشاً أهمهم شأن المرأة المخزومية التي سرقت ، فقالوا : من يكلم فيها رسول الله صلى الله عليه وسلم ؟ فقالوا : ومن يجترئ عليه إلا أسامة بن زيد حِب رسول الله صلى الله عليه وسلم ، فكلمه أسامة ، فقال رسول الله صلى الله عليه وسلم : أَتشفع في حدٍ من حدود الله تعالى ؟ ثم قام فاختطب ، ثم قال : إنما أهلك الذين قبلكم أنهم كانوا إذا سرق فيهم الشريف تركوه ، وإذا سرق فيهم الضعيف أقاموا عليه الحد ، وايْم الله لو أن فاطمة بنت محمد -صلى الله عليه وسلم- سرقت لقطعت يدهاAnd in a narration:
the face of the Messenger of Allah (ﷺ) changed color (because of anger) and he said, "Do you dare to intercede in matters prescribed by Allah?" Usamah pleaded: "O Messenger of Allah! Pray for my forgiveness." 'Aishah (May Allah be pleased with her) added: Thereafter the Messenger of Allah (ﷺ) gave orders to have that woman's hand cut off.
فتلون وجه رسول الله صلى الله عليه وسلم فقال: أتشفع في حد من حدود الله ؟ فقال أسامة: استغفِر لي يا رسول الله ، قال : ثم أمر بتلك المرأة، فقطعت يدهاThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful:
The author (may Allah have mercy on him) said: “The chapter on the prohibition of intercession in fixed punishments”:
Fixed punishments (hudud) are the penalties that Allah and His Messenger have prescribed for the perpetrator of a sin. Among them are the fixed punishment for unlawful sexual intercourse, the fixed punishment for falsely accusing someone of unlawful sexual intercourse, the fixed punishment for theft, and the fixed punishment for armed robbery and brigandage.
As for killing for apostasy, it is not among the fixed punishments, because if an apostate repents, even after he has been brought before the ruler, the killing is dropped from him. However, these fixed punishments are necessary, and they are not dropped except if a person repents before he is caught, based on the saying of Allah the Exalted:
(33) Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment, (34) Except for those who return [repenting] before you apprehend them. And know that Allah is Forgiving and Merciful.
إنما جزاء الذين يحاربون الله ورسوله ويَسعون في الأرض فسادا أن يقتَّلوا أو يصلَّبوا أو تقطع أيديهم وأرجلهم من خلاف أو ينفوا من الأرض * ذلك لهم خزي في الدنيا ولهم في الآخرة عذاب عظيم * إلا الذين تابوا من قبل أن تقدروا عليهم فاعلموا أن الله غفور رحيمThen the author mentioned the hadith of Aisha (may Allah be pleased with her):
That a woman from Banu Makhzum committed theft.
أن امرأة من بني مخزوم سرقتThe Prophet (peace and blessings be upon him) ordered that her hand be cut off. She was from the Banu Makhzum, one of the noblest tribes of Quraysh, so this concerned them deeply, meaning that worry befall them regarding this: How could the hand of the woman from Makhzum be cut off?! They sought someone to intercede with the Messenger of Allah (peace and blessings be upon him and his family), and they said:
Who can dare do this but Usama b. Zaid
من يجترئ عليه إلا أسامة بن زيدAnd Usamah is Usamah ibn Zayd ibn Harithah. Zayd ibn Harithah was a slave, and Khadijah gifted him to the Prophet (peace and blessings be upon him), who then freed him. The Prophet loved him and loved his son Usamah.
Usamah spoke to the Prophet (peace and blessings be upon him) about the matter of the woman, hoping that the cutting off of her hand would be lifted from her. The face of the Messenger of Allah (peace and blessings be upon him) changed color, and he said to him, disapproving of him:
Are you interceding regarding one of the punishments prescribed by Allah ?
أتشفع في حد من حدود اللهThen he stood up and delivered a sermon.
ثم قام فاختطبThen he said:
It was only the nations before you who were destroyed because when a nobleman among them stole, they let him go, but when a weak person among them stole, they enforced the punishment upon him.
إنما أهلك من كان قبلكم -يعني من الأمم- أنهم كانوا إذا سرق فيهم الشريف تركوه ، وإذا سرق فيهم الضعيف أقاموا عليهم الحدAnd in this is evidence that those who came before us used to steal, and that theft was common among them, existing among the rich and the poor, the noble and the weak.
Then he (peace and blessings be upon him) swore an oath, and he is the truthful one who does not need to swear an oath. He swore and said:
By Allah, if Fatimah the daughter of Muhammad were to steal, I would cut off her hnad.
وايم الله -أي: أحلف بالله- لو أن فاطمة بنت محمد سرقت لقطعت يدهاFor she, may Allah be pleased with her, is the mistress of the women of Paradise.
لأنها رضي الله عنها سيدة نساء أهل الجنةAnd in his saying:
I would have cut off her hand.
لقطعت يدهاThe first opinion is that the Messenger himself would carry out the cutting, and this is more emphatic.
The second is that he would order someone to cut off her hand. And in any case, the Messenger (peace and blessings be upon him) made it clear that it is not possible to avert a fixed punishment from anyone because of his nobility or status, ever. The fixed punishment is a right for Allah the Mighty and Majestic.
By Allah, if Fatimah, the daughter of Muhammad, had stolen, I would have cut off her hand. Then the Prophet (peace and blessings be upon him) ordered that the hand of the woman from Makhzum be cut off, and it was cut off.
وايم الله لو أن فاطمة بنت محمد سرقت لقطعت يدها ، ثم أمر النبي صلى الله عليه وسلم أن تقطع يد المرأة المخزومية فقطعتAnd thus it is obligatory for those in authority that people should be equal in their eyes regarding the application of fixed punishments, and that they should not favor anyone because of his closeness, or his wealth, or his nobility in his tribe, or otherwise. The fixed punishment is for Allah the Mighty and Majestic, and it is obligatory to apply it for the sake of Allah the Mighty and Majestic. Look at His saying the Exalted:
The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allah
الزانية والزاني فاجلدوا كل واحد منهما مائة جلدة ولا تأخذكم بهما رأفة في دين اللهAnd because the Muslim community was upon this justice and indifference to blame, and because it did not take in Allah the reproach of a rebuker, it had honor, strength, and clear victory. And because the Muslim community became negligent in applying the fixed punishments of Allah, and favoritism and mediation began to work in dropping the fixed punishments of Allah the Mighty and Majestic, the Muslim community declined to the point that you see now. So we ask Allah the Exalted to restore the glory of the Muslim community and its adherence to its religion, for He is capable of all things.