1074 – ʿAbd al-Raḥmān b. ʿAwf (may Allah be pleased with him) reported that the Messenger of Allah (peace and blessings be upon him) said: “The thief is not held financially liable once the prescribed punishment has been carried out against him.” Al-Nasāʾī narrated it and stated that its chain is interrupted, and Abū Ḥātim said, “It is munkar.” (1)
Hadith grading:
The chain is interrupted (munqaṭiʿ).
The compiler writes: Al-Nasāʾī transmitted the report and clarified that it is munqaṭiʿ because it passes through al-Miswar b. Ibrāhīm b. ʿAbd al-Raḥmān b. ʿAwf, and al-Miswar did not meet his grandfather ʿAbd al-Raḥmān. Abū Ḥātim also narrated it and declared it munkar. Al-Bayhaqī narrated it as well and pointed out an additional defect.
Vocabulary:
• “does not bear liability (lā yaghram)”—with a fatḥa on the yāʾ, a sukun on the ghayn, and a fatḥa on the rāʾ; from gharima–yaghramu. It means he would have to pay the value of what he stole if the stolen item itself is no longer found.
Points derived from the hadith:
- A thief is subject to two separate rights:
– A private right: the stolen object itself if it still exists, or its equivalent or value if it has perished.
– A public right belonging to Allah Most High: the amputation of the hand once the conditions for ḥadd are met, or a discretionary punishment (taʿzīr) if those conditions are incomplete. - If the stolen article is still present, the four leading imams and others unanimously agree that it must be returned to its owner; enforcing the public right alone does not suffice as a substitute for this restitution.