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الفتح الربانی
Fath al-Rabbani
أبواب حد السرقة
Chapters on the Punishment for Theft
بَابُ اعْتِبَارِ الْحَرَرُ وَمَا جَاءَ فِي الْمُخْتَلِسِ وَالْمُتَهَبِ وَالْخَائِنِ وَجَاحِدِ الْعَارِيَةِ وَمَا لَا قَطعَ فِيهِ
Chapter: Considering Freedom and What Has Been Reported Regarding the Snatcher, the Robber, the Betrayer, and the Denier of a Loan, and When There Is No Cutting
Al-Fath ar-Rabbani 6760 — Considering Freedom and What Has Been
عَنْ جَابِرِ بْنِ عَبْدِ اللَّهِ رَضِيَ اللَّهُ عَنْهُمَا قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ لَيْسَ عَلَى الْمُنْتَهِبِ قَطْعٌ وَمَنِ انْتَهَبَ نُهْبَةً مَشْهُورَةً فَلَيْسَ مِنَّا وَقَالَ لَيْسَ عَلَى الْخَائِنِ قَطْعٌ
It is narrated from Sayyiduna Jabir bin Abdullah (may Allah be pleased with both of them) that the Noble Prophet (peace and blessings be upon him) said: There is no punishment of cutting the hand for a bandit, and whoever commits highway robbery openly is not from among us. Also, the Prophet (peace and blessings be upon him) said: There is no punishment of cutting the hand for the one who commits treachery.
Brief Explanation
Benefits: … In the narrations of the authors of Sunan, there is also the addition of ((وَلَا الْمُخْتَلِس)), which means: one who snatches something by taking advantage of heedlessness, that is, the hand of such a person will also not be cut off.
By "khā’in" (the treacherous one) is meant the person with whom people deposit trusts, but he uses them and wastes them.
By "khā’in" (the treacherous one) is meant the person with whom people deposit trusts, but he uses them and wastes them.
