Hazrat Ata states that Hazrat Ibn Umar (may Allah be pleased with them both) and Hazrat Ibn Abbas (may Allah be pleased with them both) said: If we were to find the killer of our forefathers even in the Haram, we would not kill him.

Hazrat Sha’bah narrates that I asked Hazrat Hakam and Hazrat Hammad about the person who commits murder and then enters the Haram; what is the ruling regarding him? Hazrat Hammad said: He will be taken out and then the prescribed punishment will be carried out on him. Hazrat Hakam said: No buying or selling will be done with him, and he will not be given food.

30852 - Al-Hakam said: He is neither to be given the pledge of allegiance nor to be eaten with.

Hazrat Khalid bin Ma'bad narrates that Hazrat Sa'id bin al-Musayyib and Hazrat 'Ubaydullah bin 'Abdullah bin 'Utbah were both asked about a thief who, after stealing, throws the stolen goods outside the house, and he is found in the house where he committed the theft. Is the punishment of cutting the hand applicable to him? Both of them replied: The punishment of cutting the hand will be applied to him.

Hazrat Muammar narrates that Hazrat Khaseef said: Some people found some of their belongings missing from their house. They saw that a hole had been made in the house, so they went out to investigate and saw two men walking. They caught one of them who had the belongings, and the other managed to escape from them. They brought the man back; he said: "I did not steal anything. That man who ran away had hired me for wages, and he handed over these goods to me so that I could carry them. I do not know where he brought them from." Hazrat Khaseef said: In this matter, a letter was written to Hazrat Umar bin Abdul Aziz. He replied: "He will be given a severe punishment and will be imprisoned, but his hand will not be cut off."

Hazrat Ismail bin Abi Khalid narrates that it is reported from Hazrat Aamir about a man who took a cloth from another man. The latter said: "You have stolen this." He replied: "Indeed, I have taken this cloth in exchange for the right that was due to me from him." So what is the ruling regarding this? Hazrat Sha'bi said: "The prescribed punishment (hadd) will not be carried out on him."

Hazrat Ibn Jurayj states that Hazrat Ata said: If stolen property is found with such a bad person who is accused, and he says: I bought it, but he does not specify the person from whom he bought it, or he says: I found it, then his hand will not be cut off nor will he be punished.

Hazrat Ibn Jurayj states that Hazrat Umar bin Abdul Aziz had written a letter, which I read: When goods are found with a suspect and he says, "I bought them, but I have not used them," he should be put in prison, and no one's statement in his favor should be accepted until Allah reveals the truth. I mentioned this matter to Hazrat Ata, and he found it strange.

30858 - He said: I mentioned that to Ata, and he denied it.

30859 - Abu Bakr narrated to us, he said: Muhammad ibn Bakr narrated to us from Ibn Jurayj from (Ibn) (1) Tawus from his father, he said: I heard Ibn al-Zubayr say: Whoever raises a weapon and then puts it down, his blood is wasted (2).