al-Darda' (4). And this is the opinion of Ishaq and Abu Thawr. We have already narrated that the Prophet (peace and blessings of Allah be upon him) said to the thief: "I do not think you have stolen." And he said to Ma'iz: "Perhaps you kissed or touched (5)." From Ali (may Allah be pleased with him), it is reported that a man confessed to him of theft, so he rebuked him. It is also narrated that he chased him away, and it is narrated that he turned him away (6).
There is no harm in interceding for the thief as long as it does not reach the Imam (leader), for it is narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "Forgive the hadd punishments among yourselves; whatever hadd reaches me, it becomes mandatory (7) (8)." Al-Zubayr ibn al-Awwam said regarding intercession for a hadd: "One may do that before it reaches the ruler; but if it reaches the Imam, may Allah not pardon him if he pardons him (9)." Among those who held this view are al-Zubayr, Ammar, Ibn Abbas, Sa'id ibn Jubayr, al-Zuhri, and al-Awza'i. Malik said: "If he is not known for evil, there is no harm in interceding for him, so long as it does not reach the Imam. As for one who is known for evil and corruption, I do not like for anyone to intercede for him; rather, he should be left until the hadd is established upon him." They are in agreement that if it reaches the Imam, intercession for him is not permissible; because that is the remission of a right that has become mandatory for Allah Almighty, and the Prophet (peace and blessings of Allah be upon him) became angry when Usamah interceded for the Makhzumiyyah woman who stole, and he said: "Do you intercede regarding one of the hadd punishments of Allah Almighty! (10)" Ibn Umar said: "Whoever intercedes to prevent a hadd from the hadd punishments of Allah, he has opposed Allah in His judgment (11)."
(4) See the chapters of the previous documentation. (5) Its documentation has preceded, on page 159. (6) Its documentation has preceded, on page 465. (7) Meaning: overlook them and do not raise them to. (8) Recorded by Abu Dawud, in: Chapter on Pardoning hadd punishments as long as they do not reach the ruler, from the Book of Penalties. Sunan Abi Dawud 2/446. And al-Nasa'i, in: Chapter on what constitutes a protected item (hirz) and what does not, from the Book of Amputating the Thief. Al-Mujtaba 8/63. (9) Recorded by Imam Malik, in: Chapter on leaving intercession for the thief if it reaches the ruler, from the Book of Penalties, al-Muwatta 2/834. And al-Bayhaqi, in: Chapter on what was said regarding intercession in hadd punishments, from the Book of Drinks and the hadd punishment therein. Al-Sunan al-Kubra 8/333. And Abd al-Razzaq, in: Chapter on Concealing the Muslim, from the Book of Found Property. Al-Musannaf 10/226. And Ibn Abi Shaybah, in: Chapter on what was said regarding interceding for the thief, from the Book of Penalties. Al-Musannaf 9/465. (10) Its documentation has preceded, on page 417. (11) Recorded by Ibn Abi Shaybah, in: Chapter on what was said regarding interceding for the thief, from the Book of Penalties. Al-Musannaf 9/466. It was also recorded in marfu' form by Abu Dawud, in: Chapter on one who assists in a dispute..., from the Book of Judiciary. Sunan Abi Dawud 2/274. And Imam Ahmad, in: al-Musnad 2/70, 82.
