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Text and translation
English translation
4878. It was narrated from An-Nu'mân bin Bashîr that a group of the Kalâ'iyîn complained to him about some people who had stolen some goods, so he detained them for several days, then he let them go. They came and said: "You let them go without any pressure (to make them admit to their crime) or beating?" An-Nu'mân said: "What do you want? If you wish, I will beat them, and if Allâh brings back your goods thereby, all well and good. Otherwise I will take retaliation from your backs (by beating you) likewise." They said: "Is this your ruling?" He said: "This is the ruling of Allâh and His Messenger ﷺ." (Da'if)
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Commentary
In this chapter, the thief signifies that person against whom there is accusation of theft, but there is no witness. Nor is stolen property retrieved from him. Such a person, against whom there are hints of accusations, could be arrested for investigation. If nothing is proved, he would be set free.
