سنن ابن ماجه
Ibn Majah
كتاب الحدودThe Chapters on Legal Punishments
بَابُ : مَنْ سَرَقَ مِنَ الْحِرْزِChapter: : One Who Steals Something That Is Guarded
Hadith 2596
اُردوEn
حَدَّثَنَا عَلِيُّ بْنُ مُحَمَّدٍ ، حَدَّثَنَا أَبُو أُسَامَةَ ، عَنْ الْوَلِيدِ بْنِ كَثِيرٍ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، أَنَّ رَجُلًا مِنْ مُزَيْنَةَ سَأَلَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الثِّمَارِ ، فَقَالَ : " مَا أُخِذَ فِي أَكْمَامِهِ فَاحْتُمِلَ ، فَثَمَنُهُ وَمِثْلُهُ مَعَهُ ، وَمَا كَانَ مِنَ الْجِرَانِ ، فَفِيهِ الْقَطْعُ إِذَا بَلَغَ ثَمَنَ الْمِجَنِّ ، وَإِنْ أَكَلَ وَلَمْ يَأْخُذْ ، فَلَيْسَ عَلَيْهِ " ، قَالَ : الشَّاةُ الْحَرِيسَةُ مِنْهُنَّ يَا رَسُولَ اللَّهِ ؟ قَالَ : " ثَمَنُهَا وَمِثْلُهُ مَعَهُ وَالنَّكَالُ ، وَمَا كَانَ فِي الْمُرَاحِ ، فَفِيهِ الْقَطْعُ إِذَا كَانَ مَا يَأْخُذُ مِنْ ذَلِكَ ثَمَنَ الْمِجَنِّ " .
´XOIt was narrated from Amr bin Shu'aib, from his father, from his grandfather, that a man from Muzainah asked the Prophet (ﷺ) about fruits. :` He said: “What is taken from the tree and carried away, its value and the like of it along with it (meaning double its price must be paid). What (is taken) from the place where dates are dried, (the penalty) is cutting off the hand if the amount taken is equal to the price of a shield. But if (the person) eats it and does not take it away, there is no penalty.” He said: “What about the sheep taken from the pasture, O Messenger of Allah (ﷺ)?” He said: “(The thief) must pay double its price and be punished, and if it was in the pen then his hand should be cut off, if what was taken was worth the price of a shield.”
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
It is not permissible to eat fruit from someone’s orchard without permission; however, there is no prescribed punishment for this.
➋
Taking fruit away from the orchard is a punishable offense.
➌
If something less than the threshold for theft (nisab) is stolen, the punishment is a financial penalty, the amount of which is double the value of the stolen item.
➍
Along with the financial penalty, a few lashes may be administered according to the nature of the crime.
➎
The hand will be cut off in exchange for something stolen from a secure place only when its value reaches a quarter of a dinar. In the ahadith, this is referred to as the price of a shield, because in the time of the Prophet (sallallahu alayhi wa sallam), the average price of a shield was this amount.
➊
It is not permissible to eat fruit from someone’s orchard without permission; however, there is no prescribed punishment for this.
➋
Taking fruit away from the orchard is a punishable offense.
➌
If something less than the threshold for theft (nisab) is stolen, the punishment is a financial penalty, the amount of which is double the value of the stolen item.
➍
Along with the financial penalty, a few lashes may be administered according to the nature of the crime.
➎
The hand will be cut off in exchange for something stolen from a secure place only when its value reaches a quarter of a dinar. In the ahadith, this is referred to as the price of a shield, because in the time of the Prophet (sallallahu alayhi wa sallam), the average price of a shield was this amount.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2596
