until he returns, so that his prescribed punishment (Hadd) may be executed upon him. This is the view held by al-Awza'i and Ishaq. Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir said: The Hadd is to be executed in every place, because the command of Allah the Almighty to execute it is absolute in every time and place. However, al-Shafi'i said: If the commander of the army is not the Imam or a regional governor, he does not have the authority to execute the Hadd, and it is delayed until he reaches the Imam, because the execution of prescribed punishments is the duty of the Imam. Likewise, if the Muslims have a need for the person upon whom the punishment is due, or if they rely on his strength, or if they are preoccupied, it is delayed. Abu Hanifah said: There is no Hadd and no retaliation (qisas) in the land of war, nor [is there any] when he returns. Our argument for the obligation of the Hadd is the command of Allah the Almighty and His Messenger regarding it. As for the evidence for delaying it, there is what Busr ibn Artah narrated, that a man was brought to him during a military expedition who had stolen a camel (bukhtiyyah), and he said: "Had I not heard the Messenger of Allah (peace and blessings of Allah be upon him) say: 'Hands are not to be cut off during a military expedition,' I would have cut off your hand." Reported by Abu Dawud and others. Furthermore, it is the consensus of the Companions (may Allah be pleased with them). Sa'id reported in his "Sunan" with his chain of narration from al-Ahwas ibn Hakim, from his father, that Umar wrote to the people that no commander of an army, a detachment, or any individual among the Muslims should lash a man with a Hadd while on a military expedition until he crosses the border upon his return, lest the zeal of Satan seize him and he join the disbelievers. The same has been reported from Abu al-Darda. From Alqamah, he said: "We were in an army in the land of the Byzantines, and Hudhayfah ibn al-Yaman was with us, and al-Walid ibn Uqbah was in command of us. He drank alcohol, and we wanted to punish him, but Hudhayfah said: 'Will you punish your commander while you have drawn near to your enemy, so that they might covet your position?'" Abu Mihjan was brought to Sa'd on the day of Qadisiyyah having consumed alcohol, and he ordered him to be put in chains. When the people met the enemy, Abu Mihjan said:
It is sufficient grief that the horses are galloped with spears, while I am left with my bindings tightened upon me.
(1) In the original and (B), there is an addition: "Abu". In (M), there is an addition: "Aba". (2) In (A) and (B): "wa qad" (and he had). (3) Bukhtiyyah, referring to camels: those of Khorasanian origin. (4) Reported by Abu Dawud in: Chapter on the man who steals during a military expedition, should his hand be cut off?, from the Book of Punishments (Kitab al-Hudud). Sunan Abi Dawud 2/453. Also by al-Tirmidhi in: Chapter on what has been mentioned regarding that hands are not to be cut off during a military expedition, from the Chapters of Punishments. Aridat al-Ahwadhi 6/231. Also by al-Darimi in: Chapter on not cutting off hands during a military expedition, Sunan al-Darimi 2/231. (5) In: Chapter on the dislike of executing punishments in the land of the enemy, from the Book of Jihad. Al-Sunan 2/196. It was also reported by Abd al-Razzaq in: Chapter on whether a Hadd is executed upon a Muslim in the land of the enemy?, from the Book of Jihad. Al-Musannaf 5/197. And by Ibn Abi Shaybah in: Chapter on executing the Hadd upon a man in the land of the enemy, from the Book of Punishments. Al-Musannaf 10/103. (6) In (B): "yashrab" (he drinks). (7) Reported by Sa'id in the previous chapter. Al-Sunan 2/197. And by Abd al-Razzaq in: The previous chapter. Al-Musannaf 5/198.
