Sunan Abī Dāwūd #4410

Question

If Muḥammad is a mercy to mankind, why didn’t he show mercy to this thief? The incident being indicated to is found in Sunan Abī Dāwūd #4410 on the authority of Jābir b. AbduLlāh:

“A thief was brought to the Prophet (peace be upon him). He said: ‘Execute him.’ The people said: ‘He committed theft.’ He said: ‘Cut off his hand.’ And his [right] hand was cut off. He was brought a second time and he said: ‘Execute him.’ The people said: ‘He committed theft.’ He said: ‘Cut off his foot.’ And his [left] foot was cut off. He was brought a third time and he said: ‘Execute him.’ The people said: ‘He committed theft.’ He said: ‘Cut off his hand.’ And his [left] hand was cut off. He was brought a fourth time and he said: ‘Execute him.’ The people said: ‘He committed theft.’ And he said: ‘Cut off his foot.’ And his [right] foot was cut off. He was brought a fifth time and he said: ‘Execute him.’ And then we took him away and executed him. We then threw him into a well and piled stones on top of him.”

Answer

The narration comes in Sunan Abī Dāwūd #4410, Sunan al-Nasāʾī #4978, and Ṭabarānī’s al-Muʿjam al-Awsaṭ #1706.

There is a standing consensus (ar. ijmāʿ) maintained by the entire Muslim community that a thief is not executed.[1] Additionally, the narration cited has been judged as unauthentic by leading authorities. Imām Nasāʾī maintains that this narration is not authentic. He said: “The narration is rejected (ar. munkar).”[2] Ibn ʿAbd al-Barr mentioned something similar, he said: “The narration that mentions executing the thief is rejected, there is no basis for it.”[3]

Considering it as unauthentic is a stance taken by many scholars. This is Ibn Ruslān’s stance in his commentary on Sunan Abī Dāwūd. As well, Badr al-Dīn al-ʿAynī inclines to this in his commentary on Marghīnānī’s Hidāyah. In Subul al-Hudā, Muḥammad b. Yūsuf al-Ṣāliḥī said: “The scholars said that this is not sound, and likewise the other narrations that mention executing the thief.”

Abū Sulaymān al-Khaṭṭābī mentioned that the narration has authenticity issues. Moreover, he pointed out that it contradicts other well-authenticated textual evidence. Namely, he cited the narration in which the Prophet (upon him be peace) said that life is sacred and that a life may not be taken except for in a few cases.[4]

Allah knows best.

[1] Badhl al-Majhūd, 17:360.

[2]  Sunan al-Nasāʾī, #4978.

[3] Irshād al-Sārī, 7:219; al-Badr al-Munīr, 8:672.

[4] Maʿālim al-Sunan, 3:313.