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Text and translation
English translation
4960. It was narrated from 'Amr bin Shu'aib, from his father, that his grandfather said: "The Messenger of Allâh ﷺ was asked: 'For how much is the hand (of the thief) to be cut off?' He said: 'The hand (of the thief) is not to be cut off for (stealing) fruit on the tree, but if (the fruit) has been taken to the place where it is stored to dry, then the (thief's) hand is to be cut off (if what is stolen is equivalent to) the price of a shield. The (thief's) hand is not to be cut off for a sheep (stolen) from the grazing land, but if it had been put in the pen, then the (thief's) hand is to be cut off (if what is stolen is
equivalent to) the price of a shield.”) (Hasan)
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Commentary
‘Unprotected thing’: The intent of the narration is to corroborate the fact that upon stealing an unsafeguarded or unprotected thing, the punishment or penalty of amputation shall not be implemented. Some other punishment, however, could be given depending upon the discretion of the current ruler. The fruit hanging or attached on the tree is not considered safeguarded or secured; likewise, is a grazing animal, irrespective of whether it grazes around in an owned land. If the fruit is placed in the barn after plucking it, then it is considered safeguarded. In the same way, if an animal is tied to a peg or is confined within an enclosure, then it is considered safeguarded.
