Husaym reported, from al-Hakam ibn Utaybah, from Yazid ibn Abi Kabshah, from Abu al-Darda', that a black slave girl was brought to him who had committed theft, so he said to her: "Did you steal? Say: No." She said: "No." So he let her go. There is no harm in some of those present prompting him to retract, or [suggesting] that he should not confess. We have narrated from al-Ahnaf that he was sitting with Mu'awiyah when a thief was brought, so Mu'awiyah said to him: "Did you steal?" Some of the police said to him: "Tell the truth to the Commander." Al-Ahnaf said: "Truthfulness in all situations is a miracle." He thus hinted to him to leave the confession. It is narrated from some of the Salaf (early predecessors) that he said: "A person of refinement (zarif) is not to be punished by amputation." He meant by this that if evidence is established against him, he claims a shubhah (ambiguity) that deflects the amputation from him, so he is not punished by amputation. It is disliked for someone who knows his state to urge him to confess, because of what is narrated from the Prophet (peace and blessings of Allah be upon him) that he said to Hazzal—who had said to Ma'iz: "Hasten to the Messenger of Allah (peace and blessings of Allah be upon him) before a Quranic revelation descends concerning you": "Would that you had covered him with your garment; it would have been better for you!" Recorded by Sa'id. He also narrated with his chain of authority from Sa'id ibn al-Musayyab, who said: Ma'iz ibn Malik came to Umar ibn al-Khattab and said to him: "I have committed an act of indecency." He said to him: "Did you inform anyone of this before me?" He said: "No." He said: "Then conceal yourself with the covering of Allah, and repent to Allah, for people criticize but do not change, while Allah changes and does not criticize. So repent to Allah, and do not tell anyone about it." He went to Abu Bakr, who said to him the same as what Umar had said. His heart did not settle until he came to the Messenger of Allah (peace and blessings of Allah be upon him) and mentioned that to him.
(7) In [M]: "She said". (8) Recorded by al-Bayhaqi in: The Chapter on what has been narrated concerning confession to theft and retracting it, from the Book of Theft, Al-Sunan al-Kubra 8/276. And Abd al-Razzaq in: The Chapter on concealing a Muslim, from the Book of Lost Property, Al-Musannaf 10/225. And Ibn Abi Shaybah in: The Chapter on a man who is brought and it is said: "Did you steal?"... from the Book of Hudud, Al-Musannaf 10/23. (9) Omitted from the original. (10) Omitted from [M]. (11) In the original: "fadafa'a" (so it deflected). (12) Recorded by Abu Dawud in: The Chapter on concealing those [who committed] hudud, from the Book of Hudud, Sunan Abi Dawud 2/446. And Imam Malik in: The Chapter on what has been narrated concerning stoning, from the Book of Hudud, Al-Muwatta 2/821. And Imam Ahmad in: Al-Musnad 5/217. (13) In al-Muwatta: "tuqarriruhu" (make it confess). (14) Recorded by Imam Malik in: The Chapter on what has been narrated concerning stoning, from the Book of Hudud, Al-Muwatta 2/820. And al-Bayhaqi in: The Chapter on the one who says: "The hadd is not established against him until he confesses..." from the Book of Hudud, Al-Sunan al-Kubra 8/228. And Abd al-Razzaq in: The Chapter on stoning and inviolability (ihsan), from the Book of Divorce, Al-Musannaf 7/323.
