Chapter: The prohibition of punishing with fire any living creature, even an ant and the like.

1609 – Abu Hurayrah (may Allah be pleased with him) reported: The Messenger of Allah ﷺ sent us out with a detachment and said, “If you find so-and-so and so-and-so”—two men from Quraysh whose names he mentioned—“burn them with fire.” When we were about to depart, the Prophet ﷺ said, “Previously I ordered you to burn so-and-so and so-and-so, but fire is not used for punishment by anyone except Allah. If you find them, then kill them.” Related by al-Bukhari.

1610 – Ibn Masʿud (may Allah be pleased with him) reported: We were with the Messenger of Allah ﷺ on a journey. While he had gone to relieve himself, we saw a red bird with two chicks and took the chicks. The mother began fluttering overhead, and when the Prophet ﷺ returned he asked, “Who has distressed this bird by taking its young? Return its young to it.” He also noticed an ant colony that we had burned and said, “Who set this on fire?” We replied, “We did.” He said, “It is not proper for anyone to punish with fire except the Lord of the Fire.” Related by Abu Dawud with a sound isnad.

His phrase “an ant colony” refers to the ants together with the place where they live.

[Commentary]
The author—may Allah have mercy on him—said: “Chapter: The prohibition of tormenting with fire,” meaning that it is impermissible for anyone to punish by burning, for punishment and the prescribed penalties can be carried out without it. Burning therefore constitutes an unnecessary and excessive form of torture.