Abi Du’ad as saying...

Abi Du’ad as saying: “One day his friend (Ibn Abi Du’ad) returned from the court of the Abbasid Mu‘tasim and looked very distressed and troubled. I asked him why he was so upset that day. He replied: ‘Something shameful and belittling happened to us in the presence of the caliph and Abi Ja‘far (as), son of ‘Ali b. Musa al-Ridha (a.s.).’ I asked how come? He replied: ‘A thief was brought to the caliph and his theft was evident and he had confessed the stealing.

The caliph asked how the penal law ( hadd ) would be carried out. A number of jurists were present. The Caliph ordered other jurists to be present too. He also sent for Muhammad b.

‘Ali al-Ridha.” The caliph asked: “How should the Islamic hadd be carried out?” I said: “The hand must be cut off at the wrist.” The caliph said: “For what reason?” I said: “Because a hand includes fingers as well as a palm which extends to the wrist; and it is read in the verse about tayammum ; ﴾And wipe a part of your faces and your hands with it [clean ground]﴿. (Al-Qur’an, 5: 6)” Many of the jurists present in the court confirmed my view.

A group of scholars stated: “A hand must be cut off at the elbow.” The caliph asked: “For what reason?” They said: “Because of the verse about wudhu in the Qur’an which reads: ﴾... and your hands up to the elbows﴿ (Al-Qur’an, 5: 6). And this verse indicates that a thief's hands must be cut off at the elbow.” Another group asserted that the arm should be cut off at the shoulder because an arm has all these parts. As dispute erupted, the caliph faced Imam Muhammad b.

‘Ali (as) and said: “O Abi Ja‘far! What do you say on this issue?” The Holy Imam said: “Your scholars talked in this regard, spare me from further talk.” The caliph replied: “I swear you to God that you too should express your opinion.” Imam al-Jawad (as) said: “Now that you are swearing me, I will answer you. What was expressed by the Sunni scholars about theft penalty is flawed.