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Text and translation
English translation
1450. Busr bin Artāh narrated that the Prophet ﷺ said: "The hands are not cut in battles." (Sahih)
[Abū 'Eisā said:] This Hadīth is Gharīb. Others besides Ibn Lahī'ah reported similar to this with this chain, and he also said: "Busr bin Abī Artāt."
This is acted upon according to some of the people of knowledge, among them Al-Awzā'ī. They did not see that the legal punishments should be carried out in battles in the presence of the enemy, fearing that the one the punishment was implemented upon may join the enemy. So when the Imām has left the land of war, and returned to the land of Islam, he applies the punishment on those deserving. This was said by Al-Awzā'ī.
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Commentary
This narration 'Ubādah bin Aṣ-Ṣāmit describes that Hudūd punishments are to be carried out and implemented at all places, in travel and in dwellings. This narration reports that the Hadd punishment of cutting the hand is not implemented for stealing spoils because a pilferer thinks himself a shareholder of the spoils. In the case of cutting off his hand, there is the possibility that he may join the enemy's lines and commit the crime of apostasy.
