Next, the author brings the ḥadīth of Hishām ibn Ḥakīm ibn Ḥizām (may Allah be pleased with him) concerning the peasants who had been detained for failing to pay the land-tax (kharāj). They were known as the Anbāṭ, so called because they yastanbiṭūna water—that is, they draw it from the ground. These were farming folk in Syria upon whom the kharāj was due, yet it appears they had not paid it. The governor therefore subjected them to a severe punishment: he kept them standing in the blazing sun and poured oil over their heads, the oil intensifying the sun’s heat upon them. This was a harsh and agonising torment.
Hishām (may Allah be pleased with him) went in to the governor, informed him of what was happening, and the governor immediately unshackled them and set them free. This episode demonstrates the fine practice of the early generations in advising those in authority: they would approach the ruler directly and counsel him. If the ruler accepted the advice, the desired objective was achieved; if he did not, the adviser’s responsibility was discharged and the burden of sin rested with the ruler. Rulers who fear Allah, when reminded of their Lord’s verses, do not persist in deafness or blindness. This particular governor took heed and ordered their release, showing that torture reaching such extremes is unlawful.
The author also cites the report concerning branding animals on the face. To brand an animal’s face is forbidden and counts among the major sins, for the Prophet ﷺ cursed the one who does so. Branding (wasm) is cauterising an animal so that it bears a mark; the term derives from sima (a sign). Owners of livestock adopt distinctive marks: every tribe has its own design—two strokes, a squared stroke, a circle, a crescent, and the like. Each tribe thus possesses a unique brand. Branding protects stray livestock, for if an animal is found wandering, people recognise from the mark which tribe owns it and inform them. It is likewise a corroborating indication in claims of ownership: should someone find an animal bearing a given brand in another person’s possession and claim that it belongs to him, the brand serves as evidence