Maiming for Theft - Section 1

English translation

‘A’isha reported the Prophet (ﷺ) as saying, “A thief’s hand should be cut off only for a quarter of a dinar and upwards.” (Bukhari and Muslim).

English translation

Ibn ‘Umar said the Prophet (ﷺ) had a thief’s hand cut off for a shield worth three dirhams. (Bukhari and Muslim.)

English translation

Abu Huraira reported the Prophet (ﷺ) as saying, “God curse a thief who steals an egg and has his hand cut off, and steals a rope and has his hand cut off!”* (Bukhari and Muslim.) *It has been suggested that <i>baida</i> (egg or steel helmet) should have the latter meaning and that a ship’s rope should be understood, but the translation above is usually accepted as the meaning.

English translation

Rafi‘ b. Khadij reported the Prophet (ﷺ) as saying, “The hand is not to be cut off for taking fruit or the pith of the palm-tree.” Malik, Tirmidhi, Abu Dawud, Nasa'i, Darimi and Ibn Majah transmitted it.

English translation

‘Amr b. Shu'aib, on his father’s authority, said his grandfather, ‘Abdallah b. ‘Amr b. al-‘As, told that God’s Messenger was asked about fruit which was hung up and said, “If anyone steals any of it after it is put in the place where it is dried and it amounts to the price of a shield, he must have his hand cut off.” Abu Dawud and Nasa’i transmitted it.

English translation

‘Abdallah b. ‘Abd ar-Rahman b. Abu Husain al-Makki reported God’s Messenger as saying, “A hand is not to be cut off for fruit which is hung up, or for a sheep stolen by night from the mountain;* but when the sheep is in its fold or the fruit in the place where it is dried a hand is to be cut off for whatever reaches the price of a shield.” Malik transmitted it. * <i>Harisa jabal</i>. It is used either of a sheep or goat stolen before it gets back from the mountain to the fold, or of one guarded in the mountain. The most satisfactory reason for the prescription would seem to be that animals kept in the mountain are not sufficiently protected.

English translation

Jabir reported God’s Messenger as saying, "Cutting off the hand is not to be inflicted on one who plunders, but he who does so conspicuously does not belong to us.” Abu Dawud transmitted it.

English translation

He reported the Prophet (ﷺ) as saying, “Cutting off the hand is not to be inflicted on one who is treacherous, one who plunders, or one who snatches something.” Tirmidhi, Nasa’i, Ibn Majah and Darimi transmitted it.

English translation

It is transmitted in <i>Sharh as-sunna</i> that Safwan b. Umayya came to Medina and slept in the mosque, using his cloak as a pillow. A thief came and took his cloak and Safwan seized him and brought him to God’s Messenger who ordered that his hand should be cut off. Safwan then said, "This was not my intention. I give it to him as <i>sadaqa</i>.” God’s Messenger replied, "Why did you not do so before bringing him to me?” Ibn Majah transmitted something similar on the authority of ‘Abdallah b. Safwan who quoted his father’s authority, and Darimi did so also on the authority of Ibn ‘Abbas.

English translation

Busr b. Artat told that he heard God’s Messenger say, "Hands are not to be cut off during a warlike expedition.” Tirmidhi, Darimi, Abu Dawud and Nasa’i transmitted it, but the last two have "journey” in place of "warlike expedition.”

English translation

Abu Salama quoted Abu Huraira’s authority to the effect that God’s Messenger said regarding a thief, "If he steals cut off his hand, if he steals again cut off his foot, if he steals again cut off his hand, and if he steals again cut off his foot.” It is transmitted in <i>Sharh as-sunna</i>.

English translation

Jabir told that a thief was brought to the Prophet (ﷺ) and he said, "Maim him,* so this was done. He was brought a second time and he said, "Maim him,” so this was done. He was brought a third time and he said, "Maim him,” so this was done. He was brought a fourth time and he said, "Maim him,” so this was done. He was brought a fifth time and he said, "Kill him,” so they took him away and killed him. They then dragged him and cast him into a well and threw stones over him. Abu Dawud and Nasa’i transmitted it. In <i>Sharh as-sunna</i> the Prophet (ﷺ) is reported as saying regarding the maiming of a thief, "Maim him, then cauterise him." * Where there has been one offence I have translated 'cut off the hand’, but here, where the verb 'to cut off’ is used without an object, I have found it more convenient to use a general word. In the previous tradition the hands and feet were mentioned in the Arabic.

English translation

Fadala b. 'Ubaid said a thief was brought to God’s Messenger, and when his hand was cut off he gave command that it should be hung on his neck. Tirmidhi, Aba Dawud, Nasa’i and Ibn Majah transmitted it.

English translation

Abu Huraira reported God’s Messenger as saying, "When, a slave steals sell him, even though it be for half an <i>uqiyah</i>.”* Abu Dawud, Nasa’i and Ibn Majah transmitted it. * <i>Nashsh</i>, This is half an <i>uqiya</i>, or twenty dirhams.

English translation

‘A’isha told that when a thief was brought to God’s Messenger and he had his hand cut off, those who brought him said, "We did not think you would go so far as this with him.” He replied, "If Fatima had been the one, I would have had her hand cut off.” Nasa’i transmitted it.

English translation

Ibn 'Umar told that a man brought a slave of his to 'Umar and said, "Cut off his hand, for he has stolen a mirror belonging to my wife.” 'Umar replied, "Cutting off the hand may not be inflicted on him. It is your servant who has taken your belongings.” Malik transmitted it.

English translation

Abu Dharr told that God’s Messenger addressed him by name and he replied, "At your service and at your pleasure, Messenger of God.” He said, "How will you do when death [1] smites people and a house, meaning a grave, will cost as much as a slave?” On his replying that God and His apostle knew best, he said, "Show endurance.” Hammad b. [Abu] Sulaiman said that the hand of one who rifles a grave [2] should be cut off because he had entered the deceased’s house. Abu Dawud transmitted it. 1. Here "death” is used as a figure for a severe pestilence. 2. <i>Mirqat</i>, iv, 59, say this is done to steal the shroud.