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Hadith 35383
Yahya related to me from Malik from Rabia ibn Abi Abd ar-Rahman
that az-Zubayr ibn al-Awwam came across a man who had taken hold of a
thief and was intending to take him to the Sultan. Az-Zubayr ibn al-
Awwam interceded for him to let him go. He said, "No. Not until I take
him to the Sultan." Az-Zubayr said, "When you reach the Sultan with
him, Allah curses the one who intercedes and the one who accepts the
intercession."
Muwatta Malik Book 41, Hadith 31
← Previous Hadith
Yahya related to me from Malik from Ibn Shihab from Safwan ibn
Abdullah ibn Safwan that it was said to Safwan ibn Umayya, "Whoever
does not do hijra is ruined." So Safwan ibn Umayya went to Madina and
slept in the mosque with his cloak as a pillow. A thief came and took
his cloak and Safwan grabbed hold of the thief and brought him to the
Messenger of Allah, may Allah bless him and grant him peace. The
Messenger of Allah, may Allah bless him and grant him peace, said to
him, "Did you steal this cloak?" He said, "Yes." So the Messenger of
Allah, may Allah bless him and grant him peace, ordered that his hand
be cut off. Safwan said to him, "I did not intend this. It is his as
sadaqa." The Messenger of Allah, may Allah bless him and grant him
peace, said, "Why didn't you do it before bringing him to me?" Muwatta Malik Book 41, Hadith 30
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Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
from his father that a man from Yemen who had his hand and foot cut
off came and went before Abu Bakr as-Siddiq and complained to him that
the governor of the Yemen had wronged him, and the man used to pray
part of the night. Abu Bakr said, "By your father, your night is not
the night of a thief." Then they missed a necklace of Asma bint Umays,
the wife of Abu Bakr as-Siddiq. The man came to go around with them
looking for it. He said, "O Allah! You are responsible for the one who
invaded the people of this good house by night!" They found the
jewelry with a goldsmith. He claimed that the maimed man had brought
it to him. The maimed man confessed or it was testified against him.
Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr
said, "By Allah! His dua against himself is more serious, as far as I
am concerned, than his theft."
Yahya said that Malik said,
"What is done among us about the person who steals several times and
is then called to reckoning, is that only his hand is cut off for all
he stole when the hadd has not been applied againsthim. If the hadd
has been applied against him before that, and he steals what obliges
cutting off, then the next limb is cut off." Muwatta Malik Book 41, Hadith 32