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 Chapter 03- Penalty for Theft

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PostSubject: Chapter 03- Penalty for Theft   Sun Jun 16, 2013 3:45 pm

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Chapter 3

Penalty for Theft


1267. 'A'ishah :radiyallahu annarrated that Allah's Messenger Sallalahu aleihi wa  said, "A thief's hand should not be cut off except for a quarter of a Dinar (364) or more." Agreed upon and the wording is from Muslim.

The version of Al-Bukhari reads, "The hand of a thief is to be cut off for a quarter of a Dinar or more."

In a version by Ahmad, "Cut off a thief's hand for a quarter of a Dinar, and do not cut it off for what is less than that!'

364. A Thief’s right hand is to be cut off if is caught stealing a quarter of a Dinar (almost 1.5 gm of gold) or goods worth that much at the time of the theft.







1268. Ibn 'Umar radiyallahu anhu narrated that the Messenger of Allah Sallalahu aleihi wa  cut off the hand of a thief for stealing a shield that was worth three Dirhams. Agreed upon.







1269. Aba Hurairah radiyallahu anhu narrated that the Messenger of Allah Sallalahu aleihi wa  said, "May Allah curse the thief who steals an egg for which his hand is cut off, or steals a rope for which his hand is to be cut off. Agreed upon. (365)

365. The consensus of the scholars is that stealing an egg or a rope does not call for someone's hand to be cut off. The exaggeration in the hadith is meant to be a factor that urges anyone who thinks of stealing, to think twice, and see how mean this act is, as he would lose his precious right hand for something' as worthless as an egg.







1270. 'A'ishah :radiyallahu annarrated, 'Allah’s Messenger Sallalahu aleihi wa  said (to Usamah bin Zaid), "Are you interceding with regards to one of Allah's prescribed penalties? (366)" Then he got up and addressed the people saying, "0 people! What destroyed the nations before you, was that when a noble person committed theft, they used to leave him (without punishment), but if a weak person among them committed theft, they would inflict the legal punishment on him." Agreed upon and the wording is from Muslim.

Muslim has another version on the authority of '.A'ishah :radiyallahu anwho said, 'A woman used to borrow (people's) belongings and deny having taken them, so the Prophet Sallalahu aleihi wa  ordered that her hand be cut off.'

366. A lady known  as Fatimah bint Aswad al-Makhzumiyah who came from a prominent family committed an act of theft. When the Messenger of Allah Sallalahu aleihi wa  commanded that her hand was to be cut of. The people started to intercede to exempt her from punishment, and among them was Usamah bin Zaid, the son of his former servant Zaid bin Thabit. The Messenger of Allah Sallalahu aleihi wa  became very angry and said the statement mentioned in the hadith. The owner of the stolen goods however can intercede for the thief, for his hand not to be cut off as long as the case has  not yet been taken to the judge. Once it has been brought to court, no one can seek pardon for the thief.








1271. Jabir radiyallahu anhu  narrated that the Messenger of Allah Sallalahu aleihi wa said, "There is no cutting of the hand for the treacherous, for snatching (like the one who snatches and runs away), or for forcible seizure (looting or robbery)," Related by Ahmad and the four Imams. At-Tirmidhi and Ibn Hibban graded it as Sahih.







1272. Rafi' bin Khudaij radiyallahu anhu narrated, 'I heard the Messenger of Allah Sallalahu aleihi wa  say, "There is no cutting off of a hand for taking fruit or the pith of a palm tree." Related by Ahmad and the four Imams. At-Tirmidhi and Ibn Hibban graded it as Sahih.







1273. Abu Umaiyah al-Makhzumi radiyallahu anhu  narrated, 'A thief who has made a confession was brought to the Messenger of Allah Sallalahu aleihi wa but no goods were found with him. Allah's Messenger Sallalahu aleihi wa  said to him, "I do not think you have stolen!" The man replied, 'Yes I have.' The Prophet Sallalahu aleihi wa  repeated it to him twice or thrice, so he gave his commands concerning him, and his hand was cut off. He was then brought to the Messenger of Allah Sallalahu aleihi wa  who said to him, "Ask for the forgiveness of Allah and turn to Him in repentance." The man then said, 'I ask Allah's forgiveness and turn to Him in repentance.' The Messenger of Allah Sallalahu aleihi wa  then said three times, "0 Allah! Forgive him." Related by Abu Dawud, Ahmad and An-Nasa'i with a trustworthy chain of narrators, and it is Abu Dawud's version.







1274. Al-Hakim transmitted the same Hadith on the authority of Abu Hurairah radiyallahu anhu  giving similar meaning. The Messenger of Allah Sallalahu aleihi wa  said, "Take him away and cut off his hand and cauterize him." Al-Bazzar transmitted the same Hadith but commented that its chain of narrators is not sound.







1275. 'Abdul' Rahman bin 'Auf radiyallahu anhu  narrated that the Messenger of Allah Sallalahu aleihi wa  said, "A thief is not to be fined if the prescribed punishment has been inflicted on him." Related by An-Nasa'i who said that its chain of narrators is disconnected.









1276. "Abdullah bin 'Amro bin al-'As radiyallahu anhu  narrated, 'The Messenger of Allah Sallalahu aleihi wa  was asked about dates which are still hanging on the palm tree, he Sallalahu aleihi wa then said, "If a needy person eats some dates, but without taking a supply away in his garment, he is not to be blamed, but if anyone takes away any of it, he is to be fined and punished. And if anyone takes away any of it (the dates) after it has been put in the place where it is going to be dried, and it amounts to the price of a shield, he must have his hand cut off." Related by Abu Dawud and An-Nasa'i. Al-Hakim graded it as Sahih.







1277.  Safwan bin Umaiyah radiyallahu anhu  narrated, 'When the Messenger of Allah Sallalahu aleihi wa  commanded that the thief who had stolen his cloak (i.e. Safwan's) should have his hand cut off, Safwan wanted to intercede, for the thief’s hand not to be removed. Thereupon the Messenger of Allah Sallalahu aleihi wa said to him, "Why didn't you do so before bringing him to me?" Related by Ahmad, the four Imams, and Al-Hakim graded it as Sahih.







1278. Jabir radiyallahu anhu  narrated, 'A thief was brought to the Prophet Sallalahu aleihi wa  and he said to them, "Kill him." The people said, 'He has just stolen 0 Messenger of Allah!' He then said, "Cut off his hand." He was brought to him the second time and the Messenger of Allah Sallalahu aleihi wa also said, "Kill him." They said the same and the Messenger of Allah Sallalahu aleihi wa  said to them, 'Cut off his hand." The same man was brought a third and a fourth time and same was said. (367) When they brought him for the fifth time, the Messenger of Allah Sallalahu aleihi wa  said, "Kill him." Related by Abu Dawud and An-Nasa'i who regarded it as Munkar (a type of a weak hadith).

367. The first time a thief steals, his right hand is cut off. The second time his left foot is to be cut off, the third time his left hand and the fourth time his right foot.







1279. An-Nasa'i also reported a similar Hadith on the authority of Al-Harith bin Hatib, Ash-Shafi’ mentioned that the killing in the fifth time (of stealing) is abrogated.
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