سنن ابن ماجه
Ibn Majah
كتاب الحدودThe Chapters on Legal Punishments
بَابُ : الْخَائِنِ وَالْمُنْتَهِبِ وَالْمُخْتَلِسِChapter: Those Who Betray Trusts, Robbers and
Hadith 2592
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، حَدَّثَنَا مُحَمَّدُ بْنُ عَاصِمِ بْنِ جَعْفَرٍ الْمِصْرِيُّ ، حَدَّثَنَا الْمُفَضَّلُ بْنُ فَضَالَةَ ، عَنْ يُونُسَ بْنِ يَزِيدَ ، عَنِ ابْنِ شِهَابٍ ، عَنْ إِبْرَاهِيمَ بْنِ عَبْدِ الرَّحْمَنِ بْنِ عَوْفٍ ، عَنْ أَبِيهِ ، قَالَ : سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ : " لَيْسَ عَلَى الْمُخْتَلِسِ قَطْعٌ " .
´It was narrated from Ibrahim bin Abdur-Rahman bin Awf that his father said:` “I heard the Messenger of Allah (ﷺ) say: 'The hand of the pilferer is not to be cut off”.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
The meaning of betrayal (khiyanat) is to secretly take the property of the owner while outwardly expressing goodwill towards him.
The meaning of snatching is to forcibly take something from someone.
The meaning of grabbing (uchakna) is to suddenly seize something by taking advantage of someone's negligence.
➋
The punishment of cutting off the hand is given for the crime of theft (sariqah).
Since the aforementioned crimes are not included in theft, the hand is not cut off as punishment for them.
➌
Not cutting off the hand does not mean pardoning the criminal, but rather that some other appropriate punishment should be given.
➊
The meaning of betrayal (khiyanat) is to secretly take the property of the owner while outwardly expressing goodwill towards him.
The meaning of snatching is to forcibly take something from someone.
The meaning of grabbing (uchakna) is to suddenly seize something by taking advantage of someone's negligence.
➋
The punishment of cutting off the hand is given for the crime of theft (sariqah).
Since the aforementioned crimes are not included in theft, the hand is not cut off as punishment for them.
➌
Not cutting off the hand does not mean pardoning the criminal, but rather that some other appropriate punishment should be given.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2592
