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Text and translation
English translation
4885. It was narrated from Ṣafwān bin Umayyah that he circumambulated the Ka'bah and prayed, then he rolled up a Ridā' of his and placed it beneath his head, and slept. A thief came and slid it out from beneath his head and took it. He brought him to the Prophet ﷺ and said: "This man stole my Ridā'." The Prophet ﷺ said to him: "Did you steal this man's Ridā'?" He said: "Yes." He said: "Take him away and cut his hand off." Ṣafwān said: "I did not want to have his hand cut off for my Ridā'." He said: "Why (did you not say that) before now?" (Hasan)
Ash'ath bin Sawwār differed with him.
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Commentary
The motive of the Chapter is that if a thief steals a thing from a place meeting the security requirements normal for safeguarding similar articles, then his hand shall be amputated. If he steals the article from a place that does not meet normal requirements for safeguarding similar articles, he is of
course a thief, but his hand shall not be amputated.
