The Book of Cutting off the Hand of the Thief

Rafi ibn Khadij reported that the Messenger of Allah said, “There is no hand amputation for stealing fruit or the tender core of a palm tree.”

Jabir reported that the Messenger of Allah said, “No hand is cut off for a person entrusted with property who betrays that trust, for a snatcher, or for a pickpocket.” It is noted that Sufyan did not hear this directly from Abu az-Zubayr.

Jabir reported that the Messenger of Allah said, “A pickpocket is not subject to hand amputation.” It is also noted that Ibn Jurayj did not hear this directly from Abu az-Zubayr.

Jabir reported that the Messenger of Allah said, “A pickpocket is not subject to hand amputation.”

Jabir said, “A person who betrays a trust is not subject to hand amputation.” Abu Abd ar-Rahman (an-Nasai) noted that this report was transmitted from Ibn Jurayj by Isa ibn Yunus, al-Fadl ibn Musa, Ibn Wahb, Muhammad ibn Rabiah, Makhlad ibn Yazid, and Salamah ibn Said, a trustworthy man from Basra. Ibn Abi Safwan said that Salamah was the best person of his time. None of them said, “Abu az-Zubayr narrated to me,” and an-Nasai did not think that Ibn Jurayj had heard it from Abu az-Zubayr. Allah knows best.

Jabir reported that the Messenger of Allah said, “No hand is cut off for a pickpocket, a snatcher, or a person who betrays a trust.”

Jabir reported that a person who betrays a trust is not subject to hand amputation. Abu Abd ar-Rahman (an-Nasai) said that Ashath ibn Sawwar, one of the narrators, is weak.

Al-Harith ibn Hatib reported that a thief was brought to the Messenger of Allah, who said, “Kill him.” They replied, “Messenger of Allah, he only stole.” He said again, “Kill him.” They repeated that he had only stolen, so he said, “Then cut off his hand.” The man stole again, and his foot was cut off. He continued stealing during the time of Abu Bakr until all four limbs had been cut off. When he stole a fifth time, Abu Bakr said that the Messenger of Allah knew best when he had said to kill him. Abu Bakr handed the man to a group of Qurayshi youths, including Abdullah ibn az-Zubayr, who liked leadership. Abdullah said, Appoint me over you, and they did. Whenever he struck the man, they struck him too, until they killed him.

Jabir ibn Abdullah reported that a thief was brought to the Messenger of Allah, who said, “Kill him.” The people replied that he had only stolen, and the Prophet said, “Cut him.” His hand was cut off. When he was brought a second time, the Prophet again said, “Kill him,” but the people said he had only stolen, so the Prophet ordered that he be cut again. The same happened on the third and fourth occasions. When he was brought a fifth time, the Prophet said, “Kill him.” Jabir said: We took him to a camel enclosure and carried him there. He lay on his back and flailed his arms and legs, making the camels scatter. They charged him a second time and he did the same. On the third charge, we stoned him to death, threw him into a well, and covered him with stones. Abu Abd ar-Rahman (an-Nasai) said this report is munkar and Musab ibn Thabit is not strong in hadith.

Junadah ibn Abi Umayyah reported that he heard Busr ibn Abi Artah say that he heard the Messenger of Allah say, “Hands are not cut off during travel.”

Abu Hurairah reported that the Prophet said, “If an enslaved person steals, sell him, even for half a dirham.” Abu Abd ar-Rahman (an-Nasai) said that Umar ibn Abi Salamah is not strong in hadith.

Atiyyah reported, “I was among the captives of Qurayzah. They examined us: whoever had pubic hair was killed, while whoever had not developed it was spared and not killed.”

Ibn Muhayriz reported that he asked Fadalah ibn Ubayd about hanging a thief hand around his neck. Fadalah said, “It is Sunnah. The Messenger of Allah cut off a thief hand and hung it around his neck.”

Abd ar-Rahman ibn Muhayriz reported that he asked Fadalah ibn Ubayd whether hanging a thief hand around his neck was Sunnah. Fadalah said yes: a thief was brought to the Messenger of Allah, who cut off his hand and hung it around his neck. Abu Abd ar-Rahman (an-Nasai) said that al-Hajjaj ibn Artaah is weak and his reports are not used as proof.

Abd ar-Rahman ibn Awf reported that the Messenger of Allah said, “A person convicted of theft is not also charged financial compensation when the prescribed punishment has been carried out.” Abu Abd ar-Rahman (an-Nasai) said this is mursal and not established.