Some goods of the people of Kila’ were stolen. They accused some men of the weavers (of theft). They came to an-Nu’man ibn Bashir, the companion of the Prophet (ﷺ). He confined them for some days and then set them free.
They came to an-Nu’man and said: You have set them free without beating and investigation. An-Nu’man said: What do you want? You want me to beat them. If your goods are found with them, then it is all right; otherwise, I shall take (retaliation) from your back as I have taken from their backs. They asked: Is this your decision? He said: This is the decision of Allah and His Apostle (ﷺ).
Abu Dawud said: By this statement he frightened them ; that is, beating is not necessary except after acknowledgement.