A thief was brought to the Prophet (ﷺ). He said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Messenger of Allah! Then he said: Cut off his foot.
So his (left) foot was cut off.
He was brought a third time and he said: Kill him.
The people said: He has committed theft, Messenger of Allah!
So he said: Cut off his hand. (So his (left) hand was cut off.)
He was brought a fourth time and he said: Kill him.
The people said: He has committed theft, Messenger of Allah!
So he said: Cut off his foot. So his (right) foot was cut off.
He was brought a fifth time and he said: Kill him.
So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.
Hadith Text & Context
This narration from Sunan Abi Dawud 4410 in the Book of Prescribed Punishments (Kitab Al-Hudud) describes a repeated thief brought before Prophet Muhammad (ﷺ). The initial punishments progress from hand amputation to foot amputation for subsequent thefts, culminating in execution after the fifth offense.
Legal Analysis of Progressive Punishment
The Prophet's initial command "Kill him" demonstrates the severity of habitual theft, while the companions' reminder "He has committed theft" shows their understanding that execution isn't the primary punishment for first-time theft. This interaction establishes judicial consultation.
The progressive amputation—right hand, left foot, left hand, right foot—follows a cross-limb pattern that maintains balance and functionality while increasing deterrent effect. This pattern reflects divine wisdom in Islamic criminal jurisprudence.
Conditions for Amputation
Classical scholars stipulate numerous conditions before implementing hadd punishment: the stolen property must reach the nisab (minimum value), be taken from secure custody, and the thief must be a competent adult acting voluntarily. These conditions protect against unjust application.
The repetition of theft indicates the thief's persistence in crime despite previous punishments, showing the punishment's failure to reform him, thus warranting escalation.
Final Execution & Disposal
The execution after the fifth theft demonstrates that when corporal punishments prove ineffective at reforming a habitual criminal, capital punishment becomes necessary to protect society. This follows the legal principle of "repelling the greater harm."
The disposal method—dragging, casting into a well, and stoning—serves as a public deterrent while maintaining dignity in handling the deceased, consistent with Islamic burial principles despite the criminal status.
Scholarly Commentary
Imam Al-Nawawi comments that this hadith establishes that repeated theft may lead to execution after multiple amputations, though scholars differ on whether four or five thefts warrant this final punishment.
Ibn Qudamah notes that the progressive punishment reflects Islam's balance between mercy and justice, giving multiple opportunities for reform before implementing the ultimate punishment.