Bukhari

Hadith Commentary:
In these ahadith, the threshold (nisaab) for theft has been stated—that is, the minimum value of stolen property for which the hand is to be cut. According to these ahadith, the hand will be cut for stealing property worth at least 1/4 dinar. Now, we will clarify what a dinar is in terms of its quantity and value. It should be noted that the dinar is an ancient coin.

During the blessed era of the Messenger of Allah (sallallahu alayhi wa sallam), the dinar was equivalent to a mithqal.

Regarding the zakat of gold, the Messenger of Allah (sallallahu alayhi wa sallam) set the threshold at twenty mithqal (dinar), and in our region, the Indian subcontinent, the weight of twenty mithqal (dinar) is approximately seven and a half tola.

When seven and a half tola is divided by twenty mithqal, the result is four masha and four rati, which is the weight of one dinar.

According to the decimal system, 4 masha 4 rati equals 4.374 grams, and a quarter dinar (rub‘ dinar) is one masha one rati, that is, equivalent to 1.0935 grams of gold, the value of which can be determined according to the current market price of gold.

In our region nowadays (April 2017), the price of gold is fifty thousand seven hundred and fifty rupees per tola.

Accordingly, the price of a quarter dinar of gold is four thousand seven hundred and fifty-eight rupees.

If someone steals an item of this value, the thief’s hand will be cut.

And Allah knows best.

Hadith Commentary:
(1)
Mijan, hijfa, and turs are all the same thing.
According to the hadith, both mijan and hijfa have tanween, and hijfa is an explanation of mijan.
These were used on the battlefield for protection against the enemy’s blows.
(‘Umdat al-Qari: 173/16)
In one narration, it is mentioned that when the price of a shield was asked from Aisha radi Allahu anha, she replied:
Its price was a quarter dinar.
(Al-Sunan al-Kubra lil-Bayhaqi: 256/8)
(2)
By presenting the aforementioned narrations, the purpose of Imam Bukhari rahimahullah is to show that the threshold for cutting the thief’s hand is a quarter dinar; for theft of less than this amount, the hand will not be cut.
And Allah knows best.

Explanation: ➊
According to the current standard of measurement, the weight of one dinar is approximately four and a quarter grams of gold.

Benefits and Issues:
The threshold for theft liable to hadd punishment is one-quarter of a dinar.
The weight of a dinar, according to current standards, is considered to be (0.254) grams, so its quarter is (1.06) grams.

Urdu marginal note:
"Wa thamanul mijanni rub'u dinar" — Apparently, it seems that this clarification was made by the Messenger of Allah (sallallahu alayhi wa sallam), whereas in reality, this clarification is from Aisha (radi Allahu anha), as is explicitly stated in hadith (4939).

Urdu marginal note:
See Hadith: 4911

In this narration, the words “one third of a dinar or half a dinar” are mentioned. This narration with these words is not correct, because firstly, the narrator is uncertain between one third of a dinar and half a dinar, whereas in the most authentic narrations, without any uncertainty, the price of the shield is stated as one quarter of a dinar. Secondly, the aforementioned narration is munkar (weak), because these words are narrated from Yunus ibn Yazid by Qasim ibn Mabrur, who is weak. In contrast, Yunus ibn Yazid, Abdullah ibn Mubarak, and Ibn Wahb, who are reliable authorities, when they narrate, they state the price of the shield as one quarter of a dinar. See: (Sahih al-Bukhari, Hudud, Hadith: 6790, and Sahih Muslim, Hudud, Chapter: The Prescribed Punishment for Theft and Its Minimum Amount, Hadith: 1684). The wording “one quarter of a dinar” is correct, whereas the wording “one third of a dinar or half a dinar” is munkar. For details, see: (Dhakheerat al-‘Uqba Sharh Sunan al-Nasa’i by Al-Athioubi: 48/37). Furthermore, the statement of the book’s verifier regarding this narration, that it is narrated by Bukhari and Muslim in absolute terms, is incorrect; rather, in this narration, there is opposition to the narration of Bukhari and Muslim, so attributing such a rejected narration to Bukhari and Muslim in any way is not correct.

“Four dirhams”: Hazrat Urwah is a Tabi‘i. It is possible that in his era the price of a shield had become four dirhams, but the shield for which the Messenger of Allah (sallallahu alayhi wa sallam) ordered the hand to be cut was valued at three dirhams. There is considerable difference of opinion regarding the threshold (nisaab) for cutting the hand. The preferred view is that one-quarter dinar (rub‘ dinar) is the original threshold. As for dirhams or the shield, their value changes with changing circumstances and conditions. In the era of the Messenger of Allah (sallallahu alayhi wa sallam), the price of a shield, three dirhams, and one-quarter dinar were approximately equal. In the present era, there is a significant difference in their values, so the original threshold remains one-quarter dinar; therefore, in the present time, the value will be determined according to this. Whether the value of a shield is less or more than three dirhams. And Allah knows best.

(1) Hazrat Sulayman bin Yasar was a distinguished Tabi‘i and one of the seven jurists of Madinah. The meaning of the statement of Hazrat Sulayman Yasar rahimahullah is, and Allah knows best, that five fingers—that is, the thief’s hand—should be cut off when he has stolen property worth five dirhams. If the value of the stolen property is less than five dirhams, then the hand will not be cut off. However, this view is not correct, as has already been explained earlier. Firstly, because it is contrary to the most authentic hadiths in which it is stated explicitly and clearly that the Messenger of Allah sallallahu alayhi wa sallam ordered the hand of a person who stole a shield worth three dirhams to be cut off. See: (Sahih al-Bukhari, Hudud, Hadith: 6795, and Sahih Muslim, Hudud, Chapter: The Prescribed Punishment for Theft and Its Minimum Amount, Hadith: 1686). Secondly, this view is also incorrect because, although this narration is authentic in its chain, it is a “maqtū‘” (i.e., the statement of a Tabi‘i himself), which holds no weight when compared to an authentic “marfū‘” (Prophetic) hadith.

(2) Qāla Hammām: Hammam bin Yahya wants to clarify that just as he has narrated this report from Qatadah through the intermediary of Abdullah Danaj, in the same way, he has also narrated this report directly after meeting Abdullah Danaj—that is, in this way, the chain becomes ‘āli (of a higher status). And Allah knows best.

Benefits and Issues:
➊
During the time of the Messenger of Allah (sallallahu alayhi wa sallam), dirhams and dinars were in circulation.
A dirham was a silver coin, and a dinar was a gold coin.
One dinar was considered equivalent to twelve dirhams, so both of these hadiths indicate the same amount.

➋
If the value of the stolen item is less than the aforementioned amount, the thief’s hand will not be cut off; however, another punishment may be given in the form of a fine or beating.

➌
Nowadays, paper currency is considered a substitute for gold, so for the theft of a quarter dinar (one masha, one rati, approximately one gram of gold) or an item of equivalent value, the punishment of cutting the hand should be applied.

Verification: Authentic Chain

Takhrij:
[الموطا رواية يحييٰ2/ 832ح1619، ك41ب7ح24، التمهيد23/ 380، الاستذكار : 1547]
[وأخرجه النسائي 8/ 79 ح4931، من حديث مالك به وله حكم المرفوع وللحديث شواهد عند البخاري 6791، ومسلم 1684، وغيرهما]

Jurisprudential Points:
➊ The threshold for theft is one-quarter dinar, that is, three dirhams. For theft of less than this amount, the hand will not be cut.
➋ Also see: [البخاري 6795، ومسلم 6/1686، الموطأ : 246]
[أخرجه النسائي 8/ 79ح4931، من حديث مالك به، و له حكم المرفوع و للحديث شواهدعند البخاري 6791، و مسلم 1684، و غيرهما]
Jurisprudential Points:
➊ The threshold for theft is one-quarter dinar, that is, three dirhams. For theft of less than this amount, the hand will not be cut.
➋ Also see: Previous hadith: 246

Benefit:
In this hadith, the prescribed punishment (hadd) for theft is stated: when a thief steals at least a quarter of a dinar, his hand will be cut off. If he steals something of a trivial amount whose value is less than a quarter of a dinar, then his hand will not be cut off in exchange for theft of such an amount. A quarter of a dinar is equivalent to one masha and one raqqi, that is, 1.0935 grams of gold. Also, remember that the thief can be pardoned before being brought to the ruler of the time. A thief who had stolen a sheet was brought to the Messenger of Allah (sallallahu alayhi wa sallam). He (sallallahu alayhi wa sallam) ordered his hand to be cut off. The owner of the sheet, Sayyiduna Safwan (radi Allahu anhu), said: O Messenger of Allah (sallallahu alayhi wa sallam)! I did not intend (to have his hand cut off); my sheet is charity for him. The Prophet (sallallahu alayhi wa sallam) said: Why did you not do this (charity) before bringing him to me? (Now that you have brought him to the court, his hand will be cut off.) (Sunan Abi Dawud: 4394, Sunan Ibn Majah: 2595, this hadith is sahih.) Some people have resorted to various tricks to abolish the prescribed punishment for theft, which have no basis. We should not seek any trick that goes against the Qur’an and Hadith, and whoever seeks a trick against the Qur’an and Hadith is deviated from the straight path.