he was praying and a son a Marwan wanted to pass in front of him. He tried to stop him but he did not go back, so he hit him. The boy went the boy went out crying and went to Marwan and told him (what had happened). Marwan said to Abu Sa'eed: "Why did you hit your brother's son?" He said: "I did not hit him, rater I hit the Saitan. I heard the Messenger of Allah say: 'If one of you is praying and someone wants to pass in front of him, let him troy to stop him as much as he can, and if he persists then let him fight him, for he is a devil.
"Abdur-Rahman bin Abi Laila told me to ask Ibn 'Abbas about two Verses: 'And whoever kills a believe4r intentionally, his recompense is Hell' I asked him and he said: 'Nothing of this has been abrogated.'(And I asked him about the Verse): 'And those who invoke not any other ilah (god) along with Allah, nor kill such person as Allah has forbidden, except by right. He said: 'This was revealed concerning the people of shirk.
"The people of Al-Kufah differed concerning this verse: 'And whoever kills a believer intentionally. So I went to Ibn 'Abbas and asked him, and he said: 'It was revealed among the last of what was revealed, and nothing of it was abrogated after that.
"I said to Ibn Abbas . 'Can a person who killed a believer intentionally repent?' He said: 'No.' Irecited the Verse from Al-Furqan to him: And those who invoke not any other ilah (god) along with Allah, nor kill such person a Allah has forbidden, except but right. He said: 'This Verse was revealed in Makkah and was abrogated by a verse that was revealed in Al-Madinah: And whoever kills a believer intentionally, his recompense is Hell
Ibn 'Abbas was asked about someone who killed a believer deliberately then he repented, believed and did righteous deeds, and followed true guidance. Ibn 'Abbas said: "There is no way he could repent! I heard your Prophet say; He (the victim) will come hanging onto his killer with his jugular veins flowing with blood and saying: "Ask him why he killed me." Then he said: "by Allah, Allah revealed it and never abrogated anything of it.
Chapter 4: Mentioning The Different Wordings In The Report Of Sahl - كتاب القسامة
It was narrated that 'Ubaidullah bin abi Bakr said:
أَخْبَرَنَا إِسْحَاقُ بْنُ إِبْرَاهِيمَ، قَالَ أَنْبَأَنَا النَّضْرُ بْنُ شُمَيْلٍ، قَالَ حَدَّثَنَا شُعْبَةُ، عَنْ عُبَيْدِ اللَّهِ بْنِ أَبِي بَكْرٍ، قَالَ سَمِعْتُ أَنَسًا، يَقُولُ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ح وَأَخْبَرَنَا مُحَمَّدُ بْنُ عَبْدِ الأَعْلَى قَالَ حَدَّثَنَا خَالِدٌ قَالَ حَدَّثَنَا شُعْبَةُ عَنْ عُبَيْدِ اللَّهِ بْنِ أَبِي بَكْرٍ عَنْ أَنَسٍ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ
" الْكَبَائِرُ الشِّرْكُ بِاللَّهِ وَعُقُوقُ الْوَالِدَيْنِ وَقَتْلُ النَّفْسِ وَقَوْلُ الزُّورِ " .
"I heard Ana's say: 'The Messenger of Allah said: 'the major sins are; associating others with Allah (shirk), disobeying one's parents, killing a soul (murder) and speaking falsely.
"The Messenger of Allah said: 'No one who commits Zina is a believer at the moment when he is committing Zina, and no one who drinks wine is a believer at the moment when he is drinking it, and no thief is a believer at the moment when he is stealing, and no killer is a believer at the moment he is killing
"No one who commits Zina is a believer at the moment when he is committing Zina; no one who steals is a believe at the moment when he is stealing; no one who drinks wine is a believer at the moment when he is drinking it; and no robber is a believer at the moment when he is robbing and the people are looking on.
"The Messenger of Allah said: 'No one who commits Zina is a believer at the moment when he is committing Zina; no one who steals is a believer at the moment when he is stealing; no one who drinks wine is a believer at the moment when he is drinking it; but repentance is available to him after that.
"No one who commits Zina is a believer at the moment when he is committing Zina; no one who steals is a believer at the moment when he is stealing; no one who drinks wine is a believer at the moment when he is drinking it." - And he mentioned a fourth but I (the narrator) have forgotten it - "When he does that the yoke of Islam is shed from his neck, but if he repents, Allah accepts his repentance."
a group of the Kala'iyin complaned to him about some people who had stolen some goods, shoe detained them for several days, and then he let them go. They came and said: "You let them go without any pressure (to make them admit to their crime) or beating?" An-Nu'man said: "What do you want? If you wish, I will beat them, and if Allah brings back your goods thereby, all well and good. Otherwise I will take retaliation from your backs (by beating you) likewise." They said: "is this your ruling?" He said: "This is the ruling of Allah and His Messenger "(Daif)
a thief who confused to a crime but with whom no stolen goods has been found, was brought to the Messenger of Allah. The Messenger of Allah said to him: "I do not think that you stole anything."He He said: "Yes I did." He said: "Take him and cut off his hands, then bring him here, "So they cut off his hand then they brought him to him. He said to him; "Say: I seek the forgiveness of Allah and I repent to Him." He said: "I seek the forgiveness of Allah and I repent to Him." He said:: "O Allah, accept his repentance."(Daif)
Chapter 4: If A Man Lets A Thief Have What He Stole, After Bringing Him Before The Ruler, And Mention Of The Differences Reported From 'Ata In The Narration Of Safwan Bin Umayyah About That - كتاب قطع السارق
It was narrated from Safwan bin Umayyah, that:
أَخْبَرَنَا هِلاَلُ بْنُ الْعَلاَءِ، قَالَ حَدَّثَنِي أَبِي قَالَ، حَدَّثَنَا يَزِيدُ بْنُ زُرَيْعٍ، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنْ عَطَاءٍ، عَنْ صَفْوَانَ بْنِ أُمَيَّةَ، أَنَّ رَجُلاً، سَرَقَ بُرْدَةً لَهُ فَرَفَعَهُ إِلَى النَّبِيِّ صلى الله عليه وسلم فَأَمَرَ بِقَطْعِهِ فَقَالَ يَا رَسُولَ اللَّهِ قَدْ تَجَاوَزْتُ عَنْهُ . فَقَالَ
" أَبَا وَهْبٍ أَفَلاَ كَانَ قَبْلَ أَنْ تَأْتِيَنَا بِهِ " . فَقَطَعَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم .
a man stole a Burdah of his, so he brought him before the Messenger of Allah, who ordered that his hand be cut off. He said: "O Messenger of Allah, I will let him have it." He said: "Abu Wahb! Why didn't you do that before you brought him to us?" And the Messenger of Allah had (the man's) hand cut off.
Chapter 4: If A Man Lets A Thief Have What He Stole, After Bringing Him Before The Ruler, And Mention Of The Differences Reported From 'Ata In The Narration Of Safwan Bin Umayyah About That - كتاب قطع السارق
It was narrated from Safwan bin Umayyah that:
أَخْبَرَنِي عَبْدُ اللَّهِ بْنُ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ حَنْبَلٍ، قَالَ حَدَّثَنَا أَبِي قَالَ، حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ، قَالَ حَدَّثَنَا سَعِيدٌ، عَنْ قَتَادَةَ، عَنْ عَطَاءٍ، عَنْ طَارِقِ بْنِ مُرَقَّعٍ، عَنْ صَفْوَانَ بْنِ أُمَيَّةَ، أَنَّ رَجُلاً، سَرَقَ بُرْدَةً فَرَفَعَهُ إِلَى النَّبِيِّ صلى الله عليه وسلم فَأَمَرَ بِقَطْعِهِ فَقَالَ يَا رَسُولَ اللَّهِ قَدْ تَجَاوَزْتُ عَنْهُ . قَالَ
" فَلَوْلاَ كَانَ هَذَا قَبْلَ أَنْ تَأْتِيَنِي بِهِ يَا أَبَا وَهْبٍ " . فَقَطَعَهُ رَسُولُ اللَّهِ صلى الله عليه وسلم .
a man stole his Burdah, so he brought him before the Prophet, who ordered that his hand be cut off. He said: "O Messenger of Allah, I will let him have it." He said: "O Abu Wahb! Why didn't you do that before you brought him to me?" And the Messenger of Allah had (the man's) hand cut off.
Chapter 4: If A Man Lets A Thief Have What He Stole, After Bringing Him Before The Ruler, And Mention Of The Differences Reported From 'Ata In The Narration Of Safwan Bin Umayyah About That - كتاب قطع السارق
a man stole a garment, and was brought before the Messenger of Allah, who order that his hand be cut off. The man said: "O Messenger of Allah, he can keep it." He said: "Why (did you not say that) before now?"
he circumambulated theKa'bah and prayed, then he rolled up a Rid' of his and placed it beneath his head, and slept. A thief came and slid it out from beneath his head and took it. He brought him to the Prophet and said: "This man stole my Rida. The Prophet said to him: Did you steal this man's Rida?" He said: "Yes." He said: "Take him away and cut his hand off." Safwan said: "I* did not want to have his hand cut off for my Rida'." He said: "Why (did you not say that) before now?"
"Safwina was slleping in the Masjid with his Rida' beneath him, and it was stolen. He got up, and the man had gone, but he caught up with him, and took him to the prophet, who ordered that his hand be cut off. Safwan said; 'O Messenger of Allah, my Rida 'is not worth cutting off a man's hand for. 'He said 'Why did you not say that before you brought him to me
"I was sleeping in the Masjid on a Khmaishah of mine that was worth thirty dirhams, and a man came and stole it from me. The man was caught and taken to the Prophet, who ordered that his hand be cut off. I came to him and said: "Will you cut off his hand for the sake of only thirty Dirhams? I will sell it to him on credit." He said:" Why did you not say this before you brought him to me?"
Chapter 5: Stealing Something that Is Kept In A Protected Place - كتاب قطع السارق
It was narrated from Safwan bin Umayyah that:
أَخْبَرَنَا مُحَمَّدُ بْنُ عَبْدِ اللَّهِ بْنِ عَبْدِ الرَّحِيمِ، قَالَ حَدَّثَنَا أَسَدُ بْنُ مُوسَى، قَالَ حَدَّثَنَا - وَذَكَرَ، - حَمَّادُ بْنُ سَلَمَةَ عَنْ عَمْرِو بْنِ دِينَارٍ، عَنْ طَاوُسٍ، عَنْ صَفْوَانَ بْنِ أُمَيَّةَ، أَنَّهُ سُرِقَتْ خَمِيصَتُهُ مِنْ تَحْتِ رَأْسِهِ وَهُوَ نَائِمٌ فِي مَسْجِدِ النَّبِيِّ صلى الله عليه وسلم فَأَخَذَ اللِّصَّ فَجَاءَ بِهِ إِلَى النَّبِيِّ صلى الله عليه وسلم فَأَمَرَ بِقَطْعِهِ فَقَالَ صَفْوَانُ أَتَقْطَعُهُ قَالَ
" فَهَلاَّ قَبْلَ أَنْ تَأْتِيَنِي بِهِ تَرَكْتَهُ " .
a Khamisah was stolen from beneath his head while he slept in the Masjid of the Prophet. He caught there thief and brought him to the Prophet, who ordered that his hand be cut off. Safwan said: "Are you going to cut off his hand?" He said "Why didn't you let him go before you b brought him to me?" (Daif)
"Pardon matters that may deserve a Hadd punishment before you bring it to my attention, for whatever is brought to my attention, the Hadd punishment becomes binding." (Saif)