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Text and translation
English translation
4962. It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather, ‘Abdullâh bin ‘Amr, that a man from Muzainah came to the Messenger of Allâh ﷺ and said: “O Messenger of Allâh, 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 Messenger of Allâh! 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 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.” (Hasan)
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Commentary
This shows that theft in every form is a crime. However, if the theft is of an ordinary thing, the hand of the thief shall not be amputated; instead monetary and corporal punishment shall be given. And if the thief reaches the prescribed scale (for the amputation of hand), then the hand would be cut off, provided the thing was well-guarded. In the case of an unguarded article too, monetary and corporal punishment would be imposed, although an indigent, needy person in dire straits is exempt, as has been clarified in the previous narration.
