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Hadith record

faqih-4080

من لا يحضره الفقيه

Book of Livelihood/Chapter on Borrowing (ariyyah)#4

No. ٤٠٨٦chapter #4vol. 3 · page 302
faqih-4080

وَ اسْتَعَارَ النَّبِيُّ ص مِنْ صَفْوَانَ بْنِ أُمَيَّةَ الْجُمَحِيِّ سَبْعِينَ دِرْعاً حُطَمِيَّةً وَ ذَلِكَ قَبْلَ إِسْلَامِهِ فَقَالَ

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أَ غَصْبٌ أَمْ عَارِيَّةٌ يَا أَبَا الْقَاسِمِ فَقَالَ ص لَا بَلْ‌

Read English translationBab Ul Qaim Publications — attributed by Thaqalayn

Hadith.4086 - The Prophet (may Allah (swt) bless him and his family) borrowed seventy coats of mail made of iron from Safwan ibn Umayyah al-Jumahi before he embraced Islam. Safwan asked: "O Abu al-Qasim, is this a seizure or a loan?" The Prophet (may Allah (swt) bless him and his family) replied: "No, it is a loan to be returned." Thus, it became a precedent that a loan (ariyyah) must be returned if stipulated. After Safwan embraced Islam, he was once sleeping in the mosque when his cloak was stolen. Safwan pursued the thief, retrieved the cloak, and brought him to the Messenger of Allah (swt) (may Allah (swt) bless him and his family). He also presented two just witnesses against the thief. The Prophet (may Allah (swt) bless him and his family) ordered that the thief's right hand be cut off. Safwan said: "O Messenger of Allah (swt), will you cut off his hand because of my cloak? I have already gifted it to him." The Prophet (may Allah (swt) bless him and his family) said: "Why did you not say this before bringing the matter to me?" The sentence was then carried out, establishing the precedent that if a case reaches the Imam and evidence is presented, the prescribed punishment (hadd) cannot be waived.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

الهوامش · 1

[4]الحطمية نسبة الى حطم بن محارب و كان يعمل الدروع و تنسب إليه، و قيل:ص 302

Citation

من لا يحضره الفقيه Volume 3, Page 302

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من لا یحضره الفقیه · Hadith ٤٠٨٦ — Usul16