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Yahya related to me from Malik that Abuz-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."
Yahya said that he heard Malik say, "What is done among us about a person who steals the goods of people which are placed under guard in the markets, and their owners put them in their containers and store them together is that if anyone steals any of that from where it is kept, and its value reaches that for which cutting off the hand is obliged, his hand must be cut off, whether or not the owner of the goods is with his goods and whether it is night or day."
Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."
Malik said, "If someon says, 'How can his hand be cut off when the goods have been taken from him and returned to their owner?', it is because he is in the same position as the wine drinker when the smell of the wine is found on his breath and he is not drunk. He is flogged with the hadd.
"The hadd is imposed for drinking wine even if it does not make the man intoxicated. That is because he drank it to become intoxicated. It is the same as that with cutting off the hand of the thief for theft when it is taken from him, even if he has not profited from it and it was returned to its owner. When he stole it, he stole it to take it away."
Malik said that if some people came to a house and robbed it together, and then they left with a sack or box or a board or basket or the like of that which they carried together, and when they took it out of its guarded place, they carried it together, and the price of what they took reached that for which cutting off the hand was obliged, and that was three dirhams and upwards, each of them had his hand cut off.
"If each of them takes out something by himself, whoever of them takes out something whose value reaches three dirhams and upwards must have his hand cut off. If any of them takes out something whose value does not reach three dirhams, he does not have his hand cut off."
Yahya said that Malik said, "What is done among us is that when a man's house is locked and he is the only one living in it, cutting off the hand is not obliged against the one who steals something from it until he takes it out of the house completely. That is because all of the house is a place of custody. If someone other than him lives in the house and each of them locks his door, and it is a place of custody for each of them, whoever steals anything from the apartments of that house must have his hand cut off when he leaves the apartment and goes into the main house. He has removed it from its place of custody to another place and he must have his hand cut off."
Malik said, "What is done in our community about a slave who steals from the property of his master is that if he is not in service and among those trusted in the house and he enters secretly and steals from his master something that for which cutting off the hand is obliged, his hand is not cut off. It is like that with a slave-girl when she steals from her master's property. Her hand is not cut off."
Malik then spoke about a slave who was not in service and not one of those trusted in the house, and he entered secretly and stole from the property of his master's wife that for which cutting off the hand was obliged. He said, "His hand is cut off."
"It is like that with the wife's slave-girl when she does not serve her or her husband nor is she trusted in the house and she enters secretly and steals from her mistress's property that for which cutting off the hand is obliged. Her hand is not cut off."
"It is like that with the wife's slave-girl who is not in her service and is not trusted in the house and she enters secretly and steals from the property of her mistress's husband something for which cutting off the hand is obliged. Her hand is cut off."
It is like that with the man who steals from his wife's goods or the wife who steals from her husband's goods something for which cutting off the hand is obliged. If the thing which one of them steals from his spouse's property is in a room other than the room which they both lock for themselves, or it is in a place of custody in a room other than the room which they are in, whichever of them steals something for which cutting off the hand is obliged, their hand should be cut off."
Malik spoke about a small child and a foreigner who does not speak clearly. He said, "If they are robbed of something from its place of custody or from under a lock, the one who stole it has his hand cut off. If the property is outside of its place of custody or locked room(when it is stolen), the one who robbed them does not have his hand cut off. It is then in the position of sheep stolen from the mountain and uncut fruit hanging on the trees."
Malik said, "What is done among us about a person who robs graves is that if what he takes from the grave reaches what cutting off the hand is obliged for, his hand is cut off . That is because the grave is a place of custody for what is in it just as houses are a place of custody for what is in them."
Malik added, "Cutting off the hand is not obliged for him until he takes it out of the grave."
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Hadith No: 349
From: Sahih Muslim. Chapter 1, Faith (Kitab Al Iman)
Narrated/Authority of Abu Huraira
From: Sahih Muslim. Chapter 1, Faith (Kitab Al Iman)
Narrated/Authority of Abu Huraira
The people said to the Messenger of Allah (may peace be upon him): Messenger of Allah, shall we see our Lord on the Day of Resurrection? The Messenger of Allah (may peace be upon him) said: Do you feel any trouble in seeing the moon on the night when it is full? They said: Messenger of Allah, no. He (the Messenger) further said: Do you feel any trouble in seeing the sun, when there is no cloud over it? They said: Messenger of Allah. no. He (the Holy Prophet) said: Verily you would see Him like this (as you see the sun and the moon). God will gather people on the Day of Resurrection and say: Let every people follow what they worshipped. Those who worshipped the sun would follow the sun, and those who worshipped the moon would follow the moon, and those who worshipped the devils would follow the devils. This Ummah (of Islam) alone would be left behind and there would be hypocrites too amongst it. Allah would then come to them in a form other than His own Form, recognisable to them, and would say: I am your Lord. They would say: We take refuge with Allah from thee. We will stay here till our Lord comes to us. and when our Lord would come we would recognise Him. Subsequently Allah would come to them in His own Form, recognisable to them, and say: I am your Lord. They would say: Thou art our Lord. And they would follow Him, and a bridge would be set over the Hell; and I (the Holy Prophet) and my Ummah would be the first to pass over it; and none but the messengers would speak on that day, and the prayer of the messengers on that day would be: O Allah! grant safety, grant safety. In Hell, there would be long spits like the thorns of Sa'dan He (the Holy Prophet) said: Have you seen Sa'dan? They replied: Yes, Messenger of Allah. He said: Verily those (hooks) would be like the thorns of Sa'dan, but no one knows their size except Allah. These would seize people for their misdeeds. Some of them would escape for their (good) deeds, and some would be rewarded for their deeds till they get salvation. When Allah would finish judging His bondsmen and because of His mercy decide to take out of Hell such people as He pleases. He would command the angels to bring out those who had not associated anything with Allah; to whom Allah decided to show mercy. those who would say: There is no god but Allah. They (the angels) would recognise them in the Fire by the marks of prostration, for Hell-fire will devour everything (limb) of the sons of Adam except the marks of prostration. Allah has forbidden the fire to consume the marks of prostration. They will be taken out of the Fire having been burnt, and the water of life would be poured over them, and they will sprout as seed does In the silt carried by flood.
Then Allah would finish judging amongst His bondsmen; but a man who will be the last to enter Paradise will remain facing Hell and will say: O my Lord I turn my face away from Hell, for its air has poisoned me ard its blaze has burnt me. He will then call to Allah as long as Allah would wish that he should call to Him. Then Allah, Blessed and Exalted, would say: If I did that, perhaps you would ask for more than that. He would say: I would not ask You more than this, and he would give his Lord covenants and agreements as Allah wished, and so He would turn his face away from the Fire When he turns towards the Paradise and sees it, he will remain silent as long as Allah wishes him to remain so. He will then say: O my Lord I bring me forward to the gate of the Paradise. Allah would say to him: Did you not give covenants and agreements that you would not ask for anything besides what I had given you. Woe to thee! O son of Adam, how treacherous you are! He would say: O my Lord! and would continue calling to Allah till He would say to him: If I grant you that, perhaps you will ask for more. He will reply: No, by Thy greatness, and he will give His Lord promises and covenants as Allah had wished. He would then bring him to the gate of the Paradise, and when he would stand at the gate of the Paradise, it would lay open before him. and he would see the bounty and the joy that there is in it. He would remain quiet as long as Allah would desire him to remain silent. He would then say: O my Lord, admit me to Paradise. Allah. Blessed and Exalted, would say: Did you not give covenants and agreements that you would not ask for anything more than what I had granted you? Woe to you! son of Adam, how treacherous you are! And he would say: O my Lord, I do not wish to be the most miserable of Thy creatures. He would continue calling upon Allah till Allah, Blessed and Exalted, would laugh. When Allah would laugh at him, He would say: Enter the Paradise. When he would enter, Allah would say: State your wish. He would express his wishes till Allah would remind him (the desire of) such and such (things). When his desires would be exhausted Allah would say: That is for thee and, besides it, the like of it also. 'Ata' b. Yazid said: Abu Sa'id al-Khudri was with Abu Huraira and be did not reject anything from the hadith narrated by him, but when Abu Huraira narrated:" Allah said to that man; ind its like along with it," Abu Sa'id said:" Ten like it along with it," O Abu Huraira. Abu Huraira said: I do not remember except the words:" That is for you and a similar one along with it." Abu Sa'id said: I bear witness to the fact that I remembered from the Messenger of Allah (may peace be upon him) his words:" That is for thee and ten like it." Abu Huraira said: That man was the last of those deserving of Paradise to enter Paradise.
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Hadith No: 352
From: Sahih Muslim. Chapter 1, Faith (Kitab Al Iman)
Narrated/Authority of Abu Said Al-Khudri
From: Sahih Muslim. Chapter 1, Faith (Kitab Al Iman)
Narrated/Authority of Abu Said Al-Khudri
Some people during the lifetime
of the Messenger of Allah (may peace be upon him) said:
Messenger of Allah! shall we see our Lord on the Day of
Resurrection? The Messenger of Allah (may peace be upon him)
said: Yes, and added: Do you feel any trouble in seeing the
sun at noon with no cloud over it, and do you feel trouble in
seeing the moon (open) in the full moonlit night with no cloud
over it? They said: No, Messenger of Allah! He (the Holy
Prophet) said: You will not feel any trouble in seeing Allah
on the Day of Resurrection any more than you do in seeing any
one of them. When the Day of Resurrection comes a Mu'adhdhin
(a proclaimer) would proclaim: Let every people follow what
they used to worship. Then all who worshipped idols and stones
besides Allah would fall into the Fire, till only the
righteous and the vicious and some of the people of the Book
who worshipped Allah are left. Then the Jews would be
summoned, and it would be said to them: What did you worship?
They will say: We worshipped 'Uzair, son of Allah. It would be
said to them: You tell a lie; Allah had never had a spouse or
a son. What do you want now? They would say: We feel thirsty,
O our Lord! Quench our thirst. They would be directed (to a
certain direction) and asked: Why don't you go there to drink
water? Then they would be pushed towards the Fire (and they
would find to their great dismay that) it was but a mirage
(and the raging flames of fire) would be consuming one
another, and they would fall into the Fire. Then the
Christians would be summoned and it would be said to them:
What did you worship? They would say: We worshipped Jesus, son
of Allah. It would be said to them: You tell a lie; Allah did
not take for Himself either a spouse or a son. Then it would
be said to them: What do you want? They would say: Thirsty we
are, O our Lord! Quench our thirst. They would be directed (to
a certain direction) and asked: Why don't you go there to get
water? But they would be pushed and gathered together towards
the Hell, which was like a mirage to them, and the flames
would consume one another. They would fall Into the Fire, till
no one is left except he who worshipped Allah, be he pious or
sinful. The Lord of the Universe, Glorified and Exalted, would
come to them in a form recognisable to them and say; What are
you looking for? Every people follow that which they
worshipped. They would say: Our Lord, we kept ourselves
separate from the people in the world, though we felt great
need of them; we, however, did not associate ourselves with
them. He would say: I am your Lord. They would say: We take
refuge with Allah from thee and do not associate anything with
Allah. They would repeat it twice or thrice, till some of them
would be about to return. It would be said: Is there any sign
between you and Him by which you will recognise Him? They
would say: Yes. and the things would be laid bare. Those who
used to prostrate themselves before God of their own accord
would be permitted by God to prostrate themselves. But there
would remain none who used to prostrate out of fear (of
people) and ostentation but Allah would make his back as one
piece, and whenever he would attempt to prostrate he would
fall on his back. Then they would raise their heads and He
would assume the Form in which they had seen Him the first
time and would say: I am your Lord. They would say: Thou art
our Lord. Then the bridge would be set up over the Hell and
intercession would be allowed and they will say: O God, keep
safe, keep safe. It was asked: Messenger of Allah, what is
this bridge? He said: The void in which one Is likely to slip.
There would be hooks, tongs, spits like the thorn that is
found in Najd and is known as Sa'dan. The believers would then
pass over within the twinkling of an eye, like lightning, like
wind, like a bird, like the finest horses and camels. Some
will escape and be safe, some will be lacerated and let go,
and some will be pushed into the fire of Hell till the
believers will find rescue from the Fire. By One in Whose hand
is my life, there will be none among you more eager to claim a
right than the believers on the Day of Resurrection for
(saying their) brethren in the Fire who would say: O our Lord,
they were fasting along with us, and praying and performing
pilgrimage. It will be said to them: Take out those whom you
recognise. Then their persons would be forbidden to the Fire;
and they would take out a large number of people who had been
overtaken by Fire up to the middle of the shank or up to the
knees. They would then say: O our Lord I not one of those
about whom Thou didst give us command remains in it. He will
then say: Go back and bring out those in whose hearts you find
good of the weight of a dinar Then they will take out a large
number of people. Then they would say: O our Lord! we have not
left anyone about whom You commanded us. He will then say: Go
back and bring out those in whose hearts you find as much as
half a dinar of good. Then they will take out a large number
of people, and would say: O our Lord! not one of those about
whom Thou commanded us we have left in it. Then He would say:
Go back and in whose heart you find good to the weight of a
particle bring him out. They would bring out a large number of
people, and would then say: O our Lord, now we have not left
anyone in it (Hell) having any good in him. Abu Sa'id Khudri
said: If you don't testify me in this hadith, then recite if
you like:" Surely Allah wrongs not the weight of an atom; and
if it is a good deed. He multiplies it and gives from Himself
a great reward" (al-’Qur'an, iv. 40). Then Allah, Exalted and
Great, would say: The angels have interceded, the apostles
have interceded and the believers have interceded, and no one
remains (to grant pardon) but the Most Merciful of the
mercifuls. He will then take a handful from Fire and bring out
from it people who never did any good and who had been turned
into charcoal, and will cast them into a river called the
river of life, on the outskirts of Paradise. They will come
out as a seed comes cut from the silt carried by flood. You
see it near the stone or near the tree. That which is exposed
to the sun is yellowish or greenish and which is under the
shade is white. They said: Messenger of Allah! it seems as if
you had been tending a flock in the jungle. He (the Holy
Prophet) said: They will come forth like pearls with seals on
their necks. The inhabitants of Paradise would recognise them
(and say): Those are who have been set free by the
Compassionate One. Who has admitted them into Paradise without
any (good) deed that they did or any good that they sent in
advance Then He would say: Enter the Paradise; whatever you
see in it is yours. They would say: O Lord, Thou hast bestowed
upon us (favours) which Thou didst not bestow upon anyone else
in the world. He would say: There is with Me (a favour) for
you better than this. They would say: O our Lord! which thing
is better than this? He would say: It is My pleasure. I will
never be angry with you after this
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Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)."
Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was:
'What is his family status amongst you?'
I replied, 'He belongs to a good (noble) family amongst us.'
Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?'
I replied, 'No.'
He said, 'Was anybody amongst his ancestors a king?'
I replied, 'No.'
Heraclius asked, 'Do the nobles or the poor follow him?'
I replied, 'It is the poor who follow him.'
He said, 'Are his followers increasing decreasing (day by day)?'
I replied, 'They are increasing.'
He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?'
I replied, 'No.'
Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?'
I replied, 'No. '
Heraclius said, 'Does he break his promises?'
I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that.
Heraclius asked, 'Have you ever had a war with him?'
I replied, 'Yes.'
Then he said, 'What was the outcome of the battles?'
I replied, 'Sometimes he was victorious and sometimes we.'
Heraclius said, 'What does he order you to do?'
I said, 'He tells us to worship Allah and Allah alone and not to worship anything along with Him, and to renounce all that our ancestors had said. He orders us to pray, to speak the truth, to be chaste and to keep good relations with our Kith and kin.'
Heraclius asked the translator to convey to me the following, I asked you about his family and your reply was that he belonged to a very noble family. In fact all the Apostles come from noble families amongst their respective peoples. I questioned you whether anybody else amongst you claimed such a thing, your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following the previous man's statement. Then I asked you whether anyone of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom.
I further asked whether he was ever accused of telling lies before he said what he said, and your reply was in the negative. So I wondered how a person who does not tell a lie about others could ever tell a lie about Allah. I, then asked you whether the rich people followed him or the poor. You replied that it was the poor who followed him. And in fact all the Apostle have been followed by this very class of people. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing, and in fact this is the way of true faith, till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his religion, became displeased and discarded his religion. Your reply was in the negative, and in fact this is (the sign of) true faith, when its delight enters the hearts and mixes with them completely. I asked you whether he had ever betrayed. You replied in the negative and likewise the Apostles never betray. Then I asked you what he ordered you to do. You replied that he ordered you to worship Allah and Allah alone and not to worship any thing along with Him and forbade you to worship idols and ordered you to pray, to speak the truth and to be chaste. If what you have said is true, he will very soon occupy this place underneath my feet and I knew it (from the scriptures) that he was going to appear but I did not know that he would be from you, and if I could reach him definitely, I would go immediately to meet him and if I were with him, I would certainly wash his feet.' Heraclius then asked for the letter addressed by Allah's Apostle
which was delivered by Dihya to the Governor of Busra, who forwarded it to Heraclius to read. The contents of the letter were as follows: "In the name of Allah the Beneficent, the Merciful (This letter is) from Muhammad the slave of Allah and His Apostle to Heraclius the ruler of Byzantine. Peace be upon him, who follows the right path. Furthermore I invite you to Islam, and if you become a Muslim you will be safe, and Allah will double your reward, and if you reject this invitation of Islam you will be committing a sin by misguiding your Arisiyin (peasants). (And I recite to you Allah's Statement:)
'O people of the scripture! Come to a word common to you and us that we worship none but Allah and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside Allah. Then, if they turn away, say: Bear witness that we are Muslims (those who have surrendered to Allah).' (3:64).
Abu Sufyan then added, "When Heraclius had finished his speech and had read the letter, there was a great hue and cry in the Royal Court. So we were turned out of the court. I told my companions that the question of Ibn-Abi-Kabsha) (the Prophet Muhammad) has become so prominent that even the King of Bani Al-Asfar (Byzantine) is afraid of him. Then I started to become sure that he (the Prophet) would be the conqueror in the near future till I embraced Islam (i.e. Allah guided me to it)."
The sub narrator adds, "Ibn An-Natur was the Governor of llya' (Jerusalem) and Heraclius was the head of the Christians of Sham. Ibn An-Natur narrates that once while Heraclius was visiting ilya' (Jerusalem), he got up in the morning with a sad mood. Some of his priests asked him why he was in that mood? Heraclius was a foreteller and an astrologer. He replied, 'At night when I looked at the stars, I saw that the leader of those who practice circumcision had appeared (become the conqueror). Who are they who practice circumcision?' The people replied, 'Except the Jews nobody practices circumcision, so you should not be afraid of them (Jews).
'Just Issue orders to kill every Jew present in the country.'
While they were discussing it, a messenger sent by the king of Ghassan to convey the news of Allah's Apostle to Heraclius was brought in. Having heard the news, he (Heraclius) ordered the people to go and see whether the messenger of Ghassan was circumcised. The people, after seeing him, told Heraclius that he was circumcised. Heraclius then asked him about the Arabs. The messenger replied, 'Arabs also practice circumcision.'
(After hearing that) Heraclius remarked that sovereignty of the 'Arabs had appeared. Heraclius then wrote a letter to his friend in Rome who was as good as Heraclius in knowledge. Heraclius then left for Homs. (a town in Syrian and stayed there till he received the reply of his letter from his friend who agreed with him in his opinion about the emergence of the Prophet and the fact that he was a Prophet. On that Heraclius invited all the heads of the Byzantines to assemble in his palace at Homs. When they assembled, he ordered that all the doors of his palace be closed. Then he came out and said, 'O Byzantines! If success is your desire and if you seek right guidance and want your empire to remain then give a pledge of allegiance to this Prophet (i.e. embrace Islam).'
(On hearing the views of Heraclius) the people ran towards the gates of the palace like onagers but found the doors closed. Heraclius realized their hatred towards Islam and when he lost the hope of their embracing Islam, he ordered that they should be brought back in audience.
(When they returned) he said, 'What already said was just to test the strength of your conviction and I have seen it.' The people prostrated before him and became pleased with him, and this was the end of Heraclius's story (in connection with his faith).
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