The Book of Cutting off the Hand of the Thief

Sunan an-Nasa'i 4921

Hadith Text

"Used to cut off the hand of the thief for one-quarter of a Dinar or more."

Commentary on the Minimum Threshold (Nisab)

This hadith establishes the minimum value for which the punishment of hand-cutting becomes applicable, which is one-quarter of a Dinar. Classical scholars have determined this to be equivalent to three Dirhams or their value in the local currency.

The wisdom behind setting this minimum threshold is to distinguish between petty theft and serious theft worthy of this severe punishment. The law does not equate minor transgressions with major crimes.

Conditions for Application

Islamic jurists have stipulated numerous conditions that must be met before implementing this punishment: the stolen property must reach the nisab, be taken from a secure place (hirz), and there must be clear evidence of theft.

The thief must be a sane adult who committed the theft voluntarily. The property must be legitimately owned and of value. These conditions ensure the punishment is only applied in clear cases of criminal theft.

Historical Context and Wisdom

During the Prophet's time, the Dinar and Dirham were standard currencies. Scholars have worked to determine contemporary equivalents to ensure the law's objectives are maintained across time and place.

The punishment serves as both a deterrent and a means of purifying the thief from sin. Its severity reflects the importance Islam places on protecting people's wealth and maintaining social order.

Legal School Differences

While all major schools of Islamic jurisprudence agree on the quarter-Dinar minimum, they differ in some details regarding calculation methods and contemporary equivalents.

The Hanafi school emphasizes the value of gold, while others consider silver value. These differences reflect the scholars' efforts to apply the principle appropriately in different economic contexts.