46/5. Chapter:
Sunan an-Nasai 4881 — Safwan's Rida Case
Stealing Something that Is Kept In A Protected Place
Hadith About Safwan's Rida and Theft in Islam
Sunan an-Nasai : 4881
Sunan an-NasaiHadith Number 4881
أَخْبَرَنِي هِلاَلُ بْنُ الْعَلاَءِ، قَالَ حَدَّثَنَا حُسَيْنٌ، قَالَ حَدَّثَنَا زُهَيْرٌ، قَالَ حَدَّثَنَا عَبْدُ الْمَلِكِ، - هُوَ ابْنُ أَبِي بَشِيرٍ - قَالَ حَدَّثَنِي عِكْرِمَةُ، عَنْ صَفْوَانَ بْنِ أُمَيَّةَ، أَنَّهُ طَافَ بِالْبَيْتِ وَصَلَّى ثُمَّ لَفَّ رِدَاءً لَهُ مِنْ بُرْدٍ فَوَضَعَهُ تَحْتَ رَأْسِهِ فَنَامَ فَأَتَاهُ لِصٌّ فَاسْتَلَّهُ مِنْ تَحْتِ رَأْسِهِ فَأَخَذَهُ فَأَتَى بِهِ النَّبِيَّ صلى الله عليه وسلم فَقَالَ إِنَّ هَذَا سَرَقَ رِدَائِي . فَقَالَ لَهُ النَّبِيُّ صلى الله عليه وسلم " أَسَرَقْتَ رِدَاءَ هَذَا " . قَالَ نَعَمْ . قَالَ " اذْهَبَا بِهِ فَاقْطَعَا يَدَهُ " . قَالَ صَفْوَانُ مَا كُنْتُ أُرِيدُ أَنْ تُقْطَعَ يَدُهُ فِي رِدَائِي . فَقَالَ لَهُ " فَلَوْ مَا قَبْلَ هَذَا " . خَالَفَهُ أَشْعَثُ بْنُ سَوَّارٍ .
Safwan bin Umayyah Narrated from:
It was narrated from Safwan bin Umayyah that: he circumambulated the Ka'bah and prayed, then he rolled up a Rid' of his and placed it beneath his head, and slept. A thief came and slid it out from beneath his head and took it. He brought him to the Prophet and said: "This man stole my Rida. The Prophet said to him: Did you steal this man's Rida?" He said: "Yes." He said: "Take him away and cut his hand off." Safwan said: "I* did not want to have his hand cut off for my Rida'." He said: "Why (did you not say that) before now?"
Reference : Sunan an-Nasa'i 4881In-book reference : Book 46, Hadith 12English translation : Vol. 5, Book 46, Hadith 4885
Summary of Sunan an-Nasai Hadith 4881
This hadith about Safwan bin Umayyah and the stolen Rida gives a clear picture of a theft case after it was reported. Safwan had performed Tawaf, prayed, placed his cloak under his head, and slept. A thief removed it and took it. Safwan brought the man to the Prophet, and the man admitted the theft. The Prophet then ordered the Hadd punishment. Safwan later said he did not want the thief's hand cut off because of his cloak. The Prophet answered by asking why he had not said that before. The main point is the timing of pardon. Once the matter was brought forward and confession was made, the case had moved beyond a private complaint.
What we learn from this hadith
- Property should be respected, even when someone is resting or unaware.
- A confession in a serious theft case carries weight in judgment.
- Pardon should be considered before a formal complaint is brought forward.
- Regret after reporting a case may not undo the legal process.
