A number of our companions, from Ahmad Bin Muhammad Bin Khalid, from Usman Bin Isa, from Sama’at Bin Mahran, Abu Abdullah asws has said: ‘The one who seizes a thief, and he excuses him from it, so that is up to him. But, if it is raised to the Imam asws , he asws would cut him. So if the one who had been stolen from were to say, ‘I gift it to you’, the Imam asws would not leave him until he asws cuts him, (after) it is raised to him. But rather, the gifting is before he raises it to the Imam asws , and these are the Words of Allah azwj mighty and Majestic [9:112] and the preservers of the Penalties of Allah . So when the Penalty ( Hadd ) ends up with the Imam asws , so it is not for anyone that he asws should leave him’.

Translation: HubeAli·Thaqalayn link·The Arabic above is the original.

Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr, from Hammad, from Al Halby, (The narrator) says, ‘I asked Abu Abdullah asws about the man who seized the thief, should he raise it (the matter to the Imam asws ) or should he leave him?’ So he asws said: ‘Sufyan Bin Amayya was lying down in the Sacred Masjid, so he placed down his robe, and went out to wash with the water. He found that his robe had been stolen, when he returned to it. So he said, ‘Who has gone away with my robe?’ So he went seeking it, and he seized the one who was with it. So he raised it to the Prophet saww . So the Prophet saww said: ‘Cut off his hand’. So Sufyan said, ‘You saww will cut his hand due to the reason of my robe, O Rasool-Allah saww ?’ He saww said: ‘Yes’. He said, ‘So I have gifted it to him’. So Rasool-Allah saww said: ‘So why didn’t you? This should have been done before you raised it to me saww ’. I said, ‘So the Imam asws is at his saww status when it is raised to him asws ?’ He asws said: ‘Yes’. And I asked him asws about the excusing before it ends up to the Imam asws , so he asws said: ‘Better’.

Translation: HubeAli·Thaqalayn link·The Arabic above is the original.

Muhammad Bin Yahya, from Ahmad Bin Muhammad Bin Isa, from Ali Bin Al Hakam, from Al Husayn Bin Abu Al A’ala who said, ‘I asked Abu Abdullah asws about the man who seized the thief. Is leaving him better or raising it (the matter to the Imam asws )?’ So he asws said: ‘Sufyan Bin Amayya was reclining upon his robe in the Masjid. So he arose to urinate, and when he returned it was gone with. So he sought the one with it and found him. So he proceeded with him to Rasool-Allah saww . So he saww said: ‘Cut his hand’. So Sufyan said, ‘O Rasool-Allah saww ! I am gifting that to him’. So Rasool-Allah saww said to him: ‘Nay! That should before you ended with it to me saww ’. He (the narrator) said, ‘And I asked him asws about the excusing from the Penalty (Hadds) before it ends up to the Imam asws , so he asws said: ‘Better’.

Translation: HubeAli·Thaqalayn link·The Arabic above is the original.

A number of our companions, from Sahl Bin Ziyad and Ali Bin Ibrahim, from his father, altogether from Ibn Mahboub, from Ibn Raib, from Zureys Al Kunasy, Abu Ja’far asws has said: ‘None can excuse from the Penalties which are for the Sake of Allah azwj , besides the Imam asws . So as for what was from the rights of the people regarding a Penalty ( Hadd ), so there is no problem if one excuses from it, besides the Imam asws ’.

Translation: HubeAli·Thaqalayn link·The Arabic above is the original.

Muhammad Bin Yahya, from Ahmad Bin Muhammad, from Ibn Mahboub, from Al A’ala, from Muhammad Bin Muslim, (The narrator) says, ‘I said to Abu Ja’far asws , ‘A man commited a crime upon me. Shall I excuse him from it, or raise it to the authorities?’ He asws said: ‘It is your right. If you were to excuse from it, so it is better, and if you were to raise it to the Imam asws , so rather you would be seeking your right, and how would it be (dealt) for you by the Imam asws ’.

Translation: HubeAli·Thaqalayn link·The Arabic above is the original.