Azami 6987

Tirmidhi (1449) and Nasai (4967) both narrated it from Qutayba bin Saeed, who said, Layth related to us, from Yahya bin Saeed Ansari, from Muhammad bin Yahya bin Habban, from his uncle Wasi bin Habban, from Rafi bin Khadij, and he mentioned it. Nasai said, "the kathar is the heart of the palm tree." Its chain of transmission is sahih.However, there is disagreement regarding Yahya bin Saeed. Layth bin Saad narrated it from him in this manner, and Sufyan Thawri followed him in this, and by this route Nasai (4966), Ibn Majah (2593), and Ibn Jarud (826) narrated it, and Ibn Hibban (4466) and Bayhaqi (8/263) both graded it sahih, all of them narrating from him, from Yahya bin Saeed, with his chain connected. Sufyan bin Uyayna likewise narrated it in this way. By his route, Humaydi narrated it in his Musnad (1/199), and Humaydi said, "It was said to Sufyan, 'No one else says in this hadith, "from his uncle."' He said, 'That is how I remember it.'" Humaydi said, "Abu Zayd Madaini said to me, 'Hammad bin Dalil is more reliable regarding him, for Shuba related it to us in this manner, from Yahya bin Saeed, from Muhammad bin Yahya bin Habban, from his uncle.'"Ibn Abdul-Barr mentioned this discussion in Tamhid (23/305), though I did not find it in the printed edition of Humaydi's work. Ibn Abdul-Barr then set out the narrations mentioned.Malik differed from them in Hudud (35), narrating it from Yahya bin Saeed, from Muhammad bin Yahya bin Habban, that a slave stole a young palm shoot from a man's enclosure and planted it in his master's enclosure. The owner of the shoot went out searching for it and found it. He brought the case against the slave before Marwan bin Hakam. Marwan imprisoned the slave and intended to cut off his hand. So the slave's master went to Rafi bin Khadij and asked him about the matter. Rafi told him that he had heard the Messenger of Allah ﷺ say, "There is no cutting off of the hand for stealing fruit or kathar." (The kathar is the heart of the palm tree.)The man said, "Marwan bin Hakam has seized a slave of mine and intends to cut off his hand. I would like you to walk with me to him and tell him what you heard from the Messenger of Allah ﷺ." So Rafi bin Khadij walked with him to Marwan bin Hakam. Marwan said, "Have you seized a slave belonging to this man?" He said, "Yes." Marwan said, "What do you intend to do with him?" He said, "I intended to cut off his hand." Rafi said to him, "I heard the Messenger of Allah ﷺ say, 'There is no cutting off of the hand for stealing fruit or kathar.'" So Marwan ordered that the slave be released.By this route, Abu Dawud (1388) narrated it and said, "The kathar is the heart of the palm tree." He also narrated it through another route, from Hammad, who said, "Yahya related to us, from Muhammad bin Yahya bin Habban," with this hadith, and in it he said, "Marwan gave him a few lashes and let him go."Imam Ahmad (15804) also narrated it from Yazid bin Harun, from Yahya, from Muhammad bin Yahya, from Rafi bin Khadij, and he mentioned it. All of these versions are disconnected (munqati).This is what Tirmidhi points to after narrating it through the route of Layth as mentioned above. He said, "This is how some of them narrated it from Yahya bin Saeed, from Muhammad bin Yahya bin Habban, from his uncle Wasi bin Habban, from Rafi bin Khadij, from the Prophet ﷺ, similar to the narration of Layth bin Saad. But Malik bin Anas and others narrated this hadith from Yahya bin Saeed, from Muhammad bin Yahya bin Habban, from Rafi bin Khadij, from the Prophet ﷺ, without mentioning Wasi bin Habban in it."This is exactly as he said. A group of narrators narrated it from Yahya bin Saeed Ansari with the chain connected, some of whom I have mentioned, while another group narrated it from him without mentioning "Wasi bin Habban" between Muhammad bin Yahya bin Habban and Rafi bin Khadij. Nasai set out some of these chains in his Sunan, and the ruling favors the version with the addition.Abu Hanifa, may Allah have mercy on him, held to the apparent meaning of this hadith, and so did not require the hand to be cut off for the theft of any fresh fruit, whether it was secured or unsecured, and he drew an analogy from it to meat, dairy products, beverages, and cheeses.Shafii said, as Bayhaqi (8/263) reported from him, "This is what we hold regarding dates left hanging, since they are not secured, and likewise regarding the palm heart, since it is not secured. This resembles the hadith of Amr bin Shuayb," which is discussed further below.His words "kathar," with two fatha vowels, refers to the palm heart, which is the core and pith of the palm tree.This hadith has a daif corroborating narration, which is what Ibn Majah (2594) narrated from Hisham bin Ammar, who said, Saad bin Saeed Maqburi related to us, from his brother, from his father, from Abu Hurairah, who said, the Messenger of Allah ﷺ said, "There is no cutting off of the hand for stealing fruit or kathar."Regarding Saad bin Saeed bin Abu Saeed Maqburi, Ibn Adi said of him, "His narrations from his brother, from his father, from Abu Hurairah, are for the most part unsupported by anyone else." (Kamil, 11913). As for his brother, he is Abdullah bin Saeed bin Abu Saeed Maqburi, who is even more severely daif than him, and in Taqrib he is described as matruk (abandoned).