Azami 6986

Ahmad (6317) narrated it from Abdul-Razzaq, Ibn Jurayj informed us, Ismail bin Umaya informed me, that Nafi, the freedman of Abdullah, told him and related it. Abu Dawud (4386) narrated it through this same route. Nasai (4909) narrated it from another route from Ibn Jurayj with the same wording. Its chain of transmission is sahih. The hadith appears in the Sahihayn without mention of the description. In one copy of Nasai it reads "the craft of women," which may be a corruption. What is apparent from his saying "the description of women" is that a part of the description was specific to the migrant women. This is the view held by the majority of the scholars. They set the threshold for the amputation penalty at three dirhams, or a quarter of a dinar, or the value of three dirhams in goods and currencies. Shafii, however, set the value of goods at a quarter of a dinar.As for what Nasai (4906) narrated from Abdul-Hameed bin Muhammad, who said, Makhlad narrated to us, who said, Hanzala narrated to us, who said, I heard Nafi say, I heard Abdullah bin Umar say, "The Messenger of Allah ﷺ amputated for a shield worth five dirhams," so he said. Nasai, after narrating from another route through Ibn Wahb, said, Hanzala narrated to us that Nafi told them that Abdullah bin Umar said, "The Messenger of Allah ﷺ amputated for a shield whose price was three dirhams." He said, "This is the correct version." That is, the mention of five dirhams was a mistake by some of the narrators, and the correct figure is three dirhams, as narrated by Malik and others.Abu Hanifa and his companions held that the threshold amount was ten dirhams, or a dinar, or the value of either in goods. It was narrated from Ayman bin Umm Ayman, from his mother Umm Ayman, who said, the Messenger of Allah ﷺ said, "The hand of the thief is not to be amputated except for a shield," and it was valued at that time, in the era of the Messenger of Allah ﷺ, at a dinar, or ten dirhams. However, this is a mursal narration. Nasai (4948) and Tahawi in his commentary (2/93) both narrated it from the hadith of Sharik, from Mansur, from Ata, from Ayman bin Umm Ayman, and related it.Bayhaqi said in al-Marifah (12/389), "His statement in this chain, 'from Umm Ayman,' is an error. It was actually said by Sharik bin Abdullah Qadi, who confused the chain, and Sharik is among those whose reports are not relied upon when they contradict what those known for precise memory and reliability report, given the poor memory he displayed."Hakim (4/379) narrated from the hadith of Sufyan, from Mansur, from Hakam, from Mujahid, from Ayman, who said, "The hand was not amputated in the era of the Messenger of Allah ﷺ except for the price of the shield, and its price at that time was a dinar." He said, I heard Abu Abbas say, I heard Rabi say, I heard Shafii say, "This Ayman is the son of the wife of Kaab, not the son of Umm Ayman, and he did not meet the Prophet ﷺ." Hakim agreed with him on this.Ibn Abu Hatim said in al-Marasil (42), Abdullah bin Ahmad bin Hanbal informed me, in what he wrote to me, saying, I found in my father's book, in his own handwriting, that he said, Muhammad bin Idris Shafii, may Allah have mercy on him, narrated to me, saying, Muhammad bin Hasan said to me, "Sharik has indeed narrated a hadith from Ayman bin Umm Ayman, brother of Usama bin Zayd through their mother." I said, "You have no knowledge of our companions. Ayman, brother of Usama bin Zayd, was killed alongside the Messenger of Allah ﷺ on the day of Hunayn, before Mujahid was even born, and he did not survive past the Prophet's ﷺ time to narrate this."Ibn Abu Hatim said, "I asked my father about a hadith narrated by Hasan bin Salih, from Mansur, from Hakam, from Ata and Mujahid, from Ayman, who was a jurist, who said, 'The thief is amputated for the price of the shield, and the price of the shield in the era of the Messenger of Allah ﷺ was a dinar.'" My father said, "It is mursal, and I think he is the father of Abdul-Wahid bin Ayman, and he has no status as a companion." End of quote. Likewise, Ibn Hibban, Daraqutni, and others mentioned that he was a follower (tabii), with no companionship of the Prophet.As for Ayman bin Umm Ayman, he was indeed a companion, as mentioned by Baghawi, Abu Naeem, Ibn Manda, Ibn Qani, and others, and he was martyred alongside the Prophet ﷺ on the day of Hunayn.The conclusion regarding him, as Zaylai stated in Nasb Raya (3/358), is, "The hadith is defective. For if Ayman was a companion, then Ata and Mujahid did not meet him, making it a broken chain (munqati). And if he was a follower, then the hadith is mursal." He then said, "But it is strengthened by other hadiths, both raised (marfu) and stopped (mawquf)," and he then cited these hadiths.Among them is what was narrated from Ibn Abbas, who said, "The Messenger of Allah ﷺ amputated the hand of a man for a shield worth a dinar, or ten dirhams." Abu Dawud (4387) and Nasai (4951) both narrated it from the hadith of Muhammad bin Ishaq, from Ayub bin Musa, from Ata, from Ibn Abbas, and related it. Nasai also narrated it from another route through Muhammad bin Ishaq, from Ayub bin Musa, from Ata, as a mursal narration. Muhammad bin Ishaq is a mudallis (one who conceals defects in transmission) and he transmitted this with the ambiguous form "an." He was also inconsistent regarding it, narrating it once as connected and another time as mursal.A third version he narrated from Amr bin Shuayb, from his father, from his grandfather, who said, "The price of the shield in the era of the Messenger of Allah ﷺ was ten dirhams." Nasai (4956) narrated this from Khallad bin Aslam, from Abdullah bin Idris, from Muhammad bin Ishaq, from Amr bin Shuayb with his chain. Ibn Abu Shayba likewise narrated it in his Musannaf (28688) from Abdul-Ala and Abdul-Rahim bin Sulayman, from Muhammad bin Ishaq with his chain, except that he did not mention in it "the era of the Messenger of Allah ﷺ."As for what Zaylai quoted in Nasb Raya (3/359) through the route of Ibn Abu Shayba, wherein it states, "The Messenger of Allah ﷺ said, 'The hand of the thief is not to be amputated for less than the price of the shield'," this is a mistaken assumption, for this wording actually belongs to the previous hadith of Abdullah bin Abbas. However, Ibn Abu Shayba (28672) did narrate from Abdul-Rahim bin Sulayman, from Muhammad bin Ishaq, from Amr bin Shuayb, from his father, from his grandfather, who said, "I heard the Prophet ﷺ say, 'Amputation is for the price of the shield'." Imam Ahmad (6900) narrated from Nasr bin Bab, from Hajjaj bin Artah, from Amr bin Shuayb, as a marfu report, "There is no amputation for less than ten dirhams." But Nasr bin Bab, Bukhari said of him, "They accuse him of lying," and Nasai said, "Discredited (matruk)." And Hajjaj bin Artah is a mudallis, and he did not hear this hadith from Amr.These hadiths contain weakness, irregularity, and inconsistency that contradict the sahih hadiths mentioned at the beginning of the chapter stating that the price of the shield in the Prophet's ﷺ era was three dirhams. As for the report that he amputated the hand of a man for a shield worth a dinar, or ten dirhams, even granting its authenticity, it does not establish the precise threshold, but rather mentions the outcome of an application, since if a thief is amputated for a quarter of a dinar, then his being amputated for a full dinar follows all the more readily, just as Anas said, "Abu Bakr amputated for a shield worth five dirhams." This is recorded by Nasai (4913) and was also narrated as marfu, but the correct version is that it is mawquf (stopped at the companion level).Ibn Umar and Ayesha agreed that the price of the shield in the era of the Messenger of Allah ﷺ was three dirhams, which equals a quarter of a dinar, since the exchange rate in the Prophet's ﷺ era was twelve dirhams to a dinar. Ibn Abbas disagreed with them on this, holding that the price of the shield was ten dirhams, and likewise Abdullah bin Amr bin As.Shafii said, "Shields, both in the past and present, are goods whose price may be ten, or a hundred, or two dirhams. So if the Messenger of Allah ﷺ amputated for a quarter of a dinar, then he would amputate for more than that as well." See Bayhaqi (8/259).