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Text and translation
English translation
1449. Rāfi' bin Khadīj narrated that he heard the Messenger of Allāh ﷺ say: "There is no cutting of the hand for fruits or palm marrow." (Sahih)
[Abū 'Eisā said:] This is what some of them reported from Yahyā bin Sa'eed, from Muḥammad bin Yahyā bin Ḥabbān, from his paternal uncle Wāsi' bin Ḥabbān, from Rāfi' [bin Khadīj], from the Prophet ﷺ, and it is similar to the narration of Al-Laith bin Sa'd.
Mālik bin Anas and others reported this Hadīth from Yahya bin Sa'eed, from Muḥammad bin Yahya bin Ḥabbān, from Rāfi' bin Khadīj, from the Prophet ﷺ, and they did not mention: "from Wāsi' bin Ḥabbān" in it.
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Commentary
Here the fruit means those fruits which are still on trees. According to Imām Abū Hanīfah's view, cutting the hand is not applicable for stealing edibles, but in the view of other A'immah if these edibles are not secured and saved in a house, or by an enclosure, then there is no punishment of cutting the hand. This punishment is applicable for stealing a thing from a protected place. (Al-Mughni v. 12. p. 424. and 'Aridhatul Ahwadhi v. 6. p. 229 & 437.)
