Is it permissible to prompt a confessed thief to recant his confession?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 2

Open in Qurani

Primary text

It is permissible to prompt a thief to retract his confession. This is the opinion held by the majority of jurists, including Ahmad. Evidence for this is found in narrations concerning Umar, who let a man go after he denied theft upon prompting. Similar narrations are established from Abu Bakr As-Siddiq, Abu Hurairah, Ibn Mas'ud, and Abu Ad-Darda. Ishaq and Abu Thawr also held this view. Furthermore, it is narrated that the Prophet, peace be upon him, said to a thief, "I do not suspect you of theft," and said to Ma'iz, "Perhaps you kissed, or touched."

Supporting text

Ali, may Allah be pleased with him, acted contrary to this general opinion; it is narrated that he rebuked a man who confessed to theft, and other narrations suggest he expelled or sent the confessor away.