46.

The Book of Cutting off the Hand of the Thief

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كتاب قطع السارق

Amr bin Shuaib narrated from his father, that his grandfather Abdullah bin Amr ( رضي الله تعالى عنه) said that a man from Muzainah came to the Apostle of Allah (صلى الله عليه وآله وسلم) and said, ‘O Apostle of Allah (صلى الله عليه وآله وسلم), what do you think about a sheep stolen from the pasture?’ He said, ‘the thief must pay double and be punished. There is no cutting off of the hand for (stealing) livestock, except what which has been put in the pen, if its value is equal to that of a shield, in which case the (thief's) hand is to be cut off. If its value is not equal to that of a shield, then he should pay a penalty of twice its value and be flogged as a punishment.’ He said, ‘O Apostle of Allah (صلى الله عليه وآله وسلم)! What do you think about fruit on the tree?’ He said, ‘the thief must pay double and be punished. There is no cutting off of the hand for (stealing) fruit on the tree, except for that which has been stored properly if its value is equal to that of a shield, in which case the (thief's) hand is not equal to that of a shield, then he should pay a penalty of twice its value and be flogged as a punishment.’