—is the practice of laying stretchers, water-skins, and all sorts of baggage inside it, especially during the pilgrimage season and when the crowds are thick. Allah is the Guardian of His religion; there is no power and no strength except through Him).
- Carrying out the prescribed legal penalties (ḥudūd) and acts of retributive justice (qiṣāṣ), for the Messenger of Allah ﷺ said: “The ḥudūd are not to be enforced in the mosques, nor is retaliation to be exacted there.”
This ḥadith is related by Ḥakīm ibn Ḥizām (may Allah be pleased with him). Al-Dāraquṭnī and Aḥmad recorded it through the route of Wakīʿ, who said: “Muḥammad ibn ʿAbd Allāh al-Shaʿīthī narrated to us, from al-ʿAbbās ibn ʿAbd al-Raḥmān al-Madani”—al-Dāraquṭnī said: “the Makkan”—“from Ḥakīm,” with this wording.
All the men in the chain are reliable except this al-ʿAbbās ibn ʿAbd al-Raḥmān. Al-Ḥusaynī therefore wrote in his Tadhkira, as cited in al-Taʿjīl: “unknown.” The ḥāfiẓ then followed him, saying:
“I read this in al-Ḥusaynī’s own handwriting and it is a gross mistake. In the section devoted to Ḥakīm ibn Ḥizām in the Musnad of Aḥmad the chain actually reads: from Wakīʿ, from Muḥammad ibn ʿAbd Allāh al-Shaʿīthī, from al-Qāsim ibn ʿAbd al-Raḥmān al-Muzanī, from Ḥakīm—concerning scented paste in the mosques—reported as traced back to the Prophet. It also appears: from Ḥajjāj, from al-Shaʿīthī, from Zufar ibn Wathīmah, from Ḥakīm. The same wording is found in al-Mizzī’s al-Aṭrāf under the entry of Zufar ibn Wathīmah from Ḥakīm. He likewise cited the narration of Dāwūd and noted that Wakīʿ transmitted it from al-Shaʿīthī without tracing it back to the Prophet.”
I say: In short, al-ʿAbbās ibn ʿAbd al-Raḥmān has nothing to do with the ḥadith of Ḥakīm.