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English translation
1430. 'Aishah narrated: "The Quraish were troubled by the affair of a woman from the tribe of Makhzūm who stole. So they said: 'Who will speak about her to the Messenger of Allāh ﷺ?' They said: 'Who can do it other than Usāmah bin Zaid, the one dear to the Messenger of Allāh?' So Usāmah spoke with him. the Messenger of Allāh ﷺ said: 'Do you intercede about a penalty from Allāh's penalties?'" Then he stood up and addressed the people saying: 'Those before you were only destroyed because they used to leave a noble person if he stole. And if a weak person stole they would establish the penalty upon him. And by Allāh! If Fāṭimah bint Muḥammad stole, then I would cut off her hand.'" (Ṣaḥīḥ)
[He said:] There are narrations on
this topic from Mas'ūd bin Al-'Ajmā' [and they call him Ibn Al-A'jam], Ibn 'Umar and Jābir.
[Abū 'Eisā said:] The Hadīth of 'Āishah is a Hasan Ṣaḥīḥ Hadīth. [And they call him Mas'ūd bin Al-A'jam, and he narrated this Hadīth.]
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Commentary
The name of this woman was Fāṭimah bint Aswad bin 'Abdullāh. She was the niece of Abū Salama. In the beginning, she used to borrow from people and did not return the borrowed money or other things, moreover she would deny that she had borrowed anything. She developed the habit of stealing, and her hand was cut off due to this habit. According to most of the scholars the punishment of cutting the hand cannot be imposed on refusal of return of the borrowed things, but in the view of Imām Ahmad and the Zāhiriyah, this punishment can be imposed if the borrowed things are not returned. (Minnat Al-Mun'im v.3. p. 138.)
