Sunan an-Nasai

Hadith 4961

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Sunan an-Nasai · Hadith 4961

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Stealing Fruit After It Has Been Put In The Place Where It Is Stored To Dry

English source

Darussalam · Volume 5

46. The Book Of Cutting Off The Hand Of The Thief

Sunan an-Nasai Darussalam English translation

Arabic source
Shamela Arabic edition (opens in a new tab)

الحديث: 4958 ¦ الجزء: 8 ¦ الصفحة: 85

DarussalamHasanAl-AlbaniHasan
Al-Albani source references (2)
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Text and translation

English translation

4961. It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather ‘Abdullâh bin ‘Amr, that the Messenger of Allâh ﷺ was asked about fruit on the tree. He said: “Whatever a needy person takes without putting any in his pocket (and taking it away), there is no penalty on him. But whoever takes anything away, he must pay a penalty of twice its value, and be punished. Whoever steals something after it has been stored properly, and its value is equal to that of a shield, his hand must be cut off. Whoever steals something worth less than that, he must pay a penalty of twice its value and be punished.”) (Hasan)

Arabic text

4958 - أَخْبَرَنَا قُتَيْبَةُ، قَالَ: حَدَّثَنَا اللَّيْثُ، عَنْ ابْنِ عَجْلَانَ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ عَبْدِ اللَّهِ بْنِ عَمْرٍو، عَنْ رَسُولِ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: أَنَّهُ سُئِلَ عَنِ الثَّمَرِ الْمُعَلَّقِ فَقَالَ: «مَا أَصَابَ مِنْ ذِي حَاجَةٍ غَيْرَ مُتَّخِذٍ خُبْنَةً، فَلَا شَيْءَ عَلَيْهِ، وَمَنْ خَرَجَ بِشَيْءٍ مِنْهُ فَعَلَيْهِ غَرَامَةُ مِثْلَيْهِ وَالْعُقُوبَةُ، وَمَنْ سَرَقَ شَيْئًا مِنْهُ بَعْدَ أَنْ يُؤْوِيَهُ الْجَرِينُ، فَبَلَغَ ثَمَنَ الْمِجَنِّ فَعَلَيْهِ الْقَطْعُ، وَمَنْ سَرَقَ دُونَ ذَلِكَ فَعَلَيْهِ غَرَامَةُ مِثْلَيْهِ وَالْعُقُوبَةُ»

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Commentary

‘A needy person’: This signifies a person who has nothing to eat, not even a sum of money, with which he could buy something to eat. His hunger is intense, therefore, it is permissible to pluck the fruit and eat it, because to save life is essential. If the owner is, however, somewhere around, his permission should be taken. If he refuses permission, then such person may pick the fruit without permission and eat it. But he should stop at satisfying his hunger only. He should not eat his fill, nor should he take away anything; neither placing it in his garment nor clasping it in hands.