A thief caught with the goods before leaving the house

Sulayman bin Musa said that Sayyiduna Uthman (may Allah be pleased with him) said: His hand is not to be cut off until he leaves the house with the goods.

Amr bin Shu'ayb said that Sayyiduna Ibn Umar (may Allah be pleased with them both) said: That thief's hand is not to be cut off until he leaves the house with the goods.

Musa bin Abi al-Furat said that Umar bin Abd al-Aziz said: His hand is not to be cut off until he leaves the house with the goods.

Al-Harith said: A man who had broken through a wall was brought to Sayyiduna Ali (may Allah be pleased with him). He had been caught in that very state, so he did not cut off his hand.

Asim said: Imam al-Sha'bi was asked about a man who stole something, then wrapped the goods up in a bundle, and was caught before he left the house. He said: His hand is not to be cut off.

Zakariyya said that Imam al-Sha'bi said: His hand is not to be cut off until he takes the goods out of the house.

Ibn Jurayj said: I asked Ata: A thief is caught gathering the goods inside the house; what is the ruling on him? He said: His hand is not to be cut off until he takes the goods out; so they claim.

And Amr bin Dinar said: I do not hold that his hand is to be cut off.

Dawud said that Abu Harb bin Abi al-Aswad said: A thief broke into the house of some people by making a hole in its wall. The guards caught sight of him, seized him and brought his case before Abu al-Aswad. He asked: "Did you find anything with him?" They said: "No." He said: "This poor, needy man intended to steal, and you hastened against him." Then he gave him twenty-five lashes.

Humayd said that Umar bin Abd al-Aziz wrote concerning a thief: His hand is not to be cut off until he leaves the house with the goods; perhaps he may be granted repentance before he leaves the house.

Abd al-Rahman bin al-Qasim said: It reached Sayyidah Aishah (may Allah be pleased with her) that they were saying: If a thief does not go out with the goods, his hand is not to be cut off. At this she said: "Even if I found nothing but a knife, I would certainly cut off his hand."