753 – From ʿAmr ibn Shuʿayb, from his father, from his grandfather (may Allah be pleased with him): the Messenger of Allah ﷺ said, “There is no kafāla (suretyship) with regard to a ḥadd (prescribed punishment).” It was recorded by al-Bayhaqī with a weak chain of transmission.⦗1⦘
—
Degree of the ḥadith:
The report is munkar. Al-Bayhaqī related it with a weak isnād and declared it munkar. Shaykh Ḥāmid al-Fiqī, in his notes on Bulūgh, added: “In this chapter there are narrations that are not free from criticism, yet the ḥadiths commanding the implementation of the ḥudūd support its meaning.”
Vocabulary:
• ḥadd (pl. ḥudūd): linguistically, “prevention.” Technically: a fixed punishment legislated to deter repetition of the sin for which it was prescribed. Here the term also encompasses taʿzīr punishments whose amount has not been specified; this will be explained, Allah willing.
Lessons drawn from the ḥadith:
- In legal usage, ḥadd may refer to all of Allah’s commands and prohibitions, and therefore includes:
(a) Whatever Allah has forbidden and declared unlawful. The Almighty says, “These are the limits set by Allah, so do not approach them” (2:187).
(b) Whatever Allah has commanded and made obligatory. The Almighty says, “Unless they both fear that they will not be able to uphold …” (2:229).