Home Hadith Hadith 35380
Yahya related to me from Malik from Nafi that a slave of Abdullah
ibn Umar stole while he was a runaway. Abdullah ibn Umar sent him to
Said ibn al-As, who was the amir of Madina, to cut off his hand. Said
refused to cut off his hand. He said, "The hand of a runaway slave is
not cut off when he steals." Abdullah ibn Umar said to him, "In what
Book of Allah did you find this?" Then Abdullah ibn Umar gave the
order, and his hand was cut off.
Muwatta Malik Book 41, Hadith 28
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Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn
Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the
Prophet, may Allah bless him and grant him peace, went out to Makka
and she had two girl mawlas of hers and a slave belonging to the sons
of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the
two mawlas which was sewn up in a piece of green cloth."
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Yahya related to me from Malik that Zurayq ibn Hakim informed him
that he had a runaway slave who had stolen. He said, "The situation
was obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask him
about it. He was the governor at that time. I informed him that I had
heard that if a runaway slave stole while he was a fugitive, his hand
was not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter,
'You wrote to me that you have heard that when the runaway slave
steals, his hand is not cut off. Allah, the Blessed, the Exalted, says
in His Book, 'The thief, male and female, cut off the hands of both,
as a recompense for what they have earned, and an exemplary punishment
from Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theft
reaches a quarter of a dinar, and upwards, his hand is cut off.' "