TheMostReadBook.org

An English translation of the Quran that is as close as possible to the Arabic sacred text
View active topics
  Verse(s):    
View unanswered posts





Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 2 posts ] 
Author Message
 Post subject: Did the Sunna abrogate 5:38?
PostPosted: 24 Oct 2013, 19:47 
Offline
Site Admin
User avatar

Joined: 04 May 2009, 16:10
Posts: 4558
Location: USA
Abu-Bakr Al-Hamdaani, in his book الاعتبار في الناسخ والمنسوخ من الآثار, page 23, quotes Abush-Shaykh Al-Haafizh stating that the Sunna abrogated

His evidence is two hadeeths,

لا قطع على سارق الغنم وإن كثرت وكثرت قيمتها إذا لم يأوها المراح، ولا قطع على سارق التمر إذا لم يأوه الجرين

Translation: No cutting off upon a thief of sheep, even if it is plenty and valuable, if it was not sheltered in a yard. And no cutting off upon a thief of dates if it was not sheltered in a barn.

To begin with, he did not authenticate this hadeeth. And I could not find an authentication of it anywhere. Secondly, the hadeeth clearly states its contingency: shielding of stolen property. That means that unprotected property that gets stolen is not to be punished, which is the opinion of Abu-Haneefa. So, not only is the ruling of the hadeeth conditional, but also there a reasonable reconciliation argument to eliminate inconsistency.

And,
لا قطع في ثمر ولا كثر

Translation: No cutting off in fruit, nor kernels.

Al-Hamdaani did not authenticate this hadeeth, but his book verifier did. He said it was reported by Abu-Daawood, At-Tirmizhi, An-Nasaa'i and Ibn Maajah. I confirmed that.

But that is a simple case of exception, not abrogation.

_________________
A candle loses nothing by lighting another candle.


Top
 Profile  
 
 Post subject: Who said what
PostPosted: 24 Oct 2013, 19:52 
Offline
Site Admin
User avatar

Joined: 04 May 2009, 16:10
Posts: 4558
Location: USA
For:
Abu-Bakr Al-Hamdaani (implied),
Abush-Shaykh Al-Haafizh (quoted by Al-Hamdaani).

Against:
No one else discussed this claim, as far as I know.

_________________
A candle loses nothing by lighting another candle.


Top
 Profile  
 
Display posts from previous:  Sort by  
Forum locked This topic is locked, you cannot edit posts or make further replies.  [ 2 posts ] 


Who is online

Users browsing this forum: No registered users and 35 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron
It is currently 28 Mar 2024, 10:52

All times are UTC

Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group