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Text and translation
English translation
1460. Jundab narrated that he heard the Messenger of Allāh ﷺ saying: "The punishment of the Sāhir is a strike of the sword." (Da'if)
[Abū 'Eisā said:] We do not know of this Hadīth to be Marfū' except from this route. Ismā'il bin Muslim Al-Makkī was graded weak in Hadīth due to his memory. As for Ismā'il bin Muslim Al-'Abdī Al-Baṣrī, Waki' said: "He is trustworthy." It has been reported from Al-Ḥasan as well. What is correct is from Jundab in Mawqūf form.
This Hadīth is acted upon according to some of the people of knowledge among the Companions of the Prophet ﷺ and others, and
it is the view of Mālik bin Anas. Ash-Shāfi'i said that the Sāhir is only killed when the magic he practises reaches the level of disbelief, when his behavior is less than disbelief, then he did not see that he should be killed.
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Footnotes
1
[1] It is a sorcerer, a witch, or a magician.
Commentary
No doubt magic and sorcery is one of the grievous sins and its practise is strictly prohibited and unlawful. Sometimes the practices of sorcery reach the boundary of infidelity and disbelief, and sometimes it remains within the limits of grievous sin, therefore, it's teaching and learning are also unlawful. According to Ash-Shāfi'i a magician should not be killed until he enters the boundaries of disbelief, but Imām Abū Hanīfah, Imām Aḥmad and many Companions of the Prophet ﷺ and the followers of the Companions, think that the sorcerer is a disbeliever and that he does not deserve to be asked to repent. He should rather be killed. (See for details Al-Mughnī v.12. P. 302-303.)
