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Text and translation
English translation
2596. It was narrated from 'Amr bin Shu'aib, from his father, from his grandfather, that a man from Muzainah asked the Prophet ﷺ about fruits. He said: "What is taken from the tree and carried away, its value and the like of it along with it (meaning double its price must be paid). What (is taken) from the place where dates are dried, (the penalty) is cutting off the hand if the amount taken is equal to the price of a shield. But if (the person) eats it and does not take it away, there is no penalty." He said: "What about the sheep taken from the pasture, O Messenger of Allâh?" He said: "(The thief) must pay double its price and be punished, and if it was in the pen then his hand should be cut off, if what was taken was worth the price of a shield." (Hasan)
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Commentary
Though there is no punishment for this offence, it is not approved to take fruit away from someone's garden.
Taking away the produce from the garden is a punishable crime.
If a stolen thing is less in price than the criterion fixed for the punishment, its penalty is double than its original price.
Punishment of lashes can be added according to the severity of the crime.
Punishment for a thing stolen from a secure and protected place is cutting off the hand, provided the price is one fourth of a Dinâr. In this Hadith "shield" has been mentioned because in the period of the Noble Prophet ﷺ the average price of a shield was one fourth of a Dinâr.
