1077 – Jabir (may Allah be pleased with him) reported: “A thief was brought before the Prophet ﷺ and he said, ‘Kill him.’ They protested, ‘He merely stole, O Messenger of Allah!’ He replied, ‘Then cut off his hand,’ and it was cut off. The man was brought a second time, and the Prophet said, ‘Kill him,’ and the same exchange took place. He was brought a third time, with the same response; then a fourth time likewise; and when he was brought a fifth time, the Prophet said, ‘Kill him.’”

It was recorded by Abu Dawud and al-Nasa’i, who both deemed it unsound (1). Al-Nasa’i also transmitted a similar narration from Ibn Hatib (2), and al-Shafi‘i mentioned that the order to execute on the fifth occasion has been abrogated.

Hadith grading:
This report is weak. Al-Talkhis notes that it was related by al-Darqutni, whose chain includes Muhammad b. Yazid b. Sinan; al-Darqutni declared him weak. Abu Dawud and al-Nasa’i also transmitted it with a different wording, and its chain contains Mus‘ab b. Thabit. Al-Nasa’i said, “He is not reliable, and this hadith is rejected; I know of no sound report in this regard.” Ibn ‘Abd al-Barr said, “The hadith prescribing execution is rejected and has no basis,” while al-Shafi‘i stated, “It has been abrogated, and there is no disagreement about that.”