Regarding the Thief Whose Hand Was Cut: Is the Stolen Item Returned?

Hazrat Shaibani states that it is narrated from Hazrat Sha’bi regarding a person who committed theft and thus his hand was cut off. He (Sha’bi) said: Nothing will be obligatory upon this thief except for the thing that is found with him. And Hazrat Hammad said: That thing will be returned.

29997 - [Hammad said: It is to be followed with it.

Hazrat Sha'bi and Hazrat Ibn Sirin, both of these personalities stated: When the thief's hand has been cut off, then nothing will be obligatory upon him except for that thing which is found exactly in his possession.

29999 - And Ash'ath from Ibn Sirin said: There is nothing upon him if his hand is cut off except if something is found itself. [1]

Hazrat Shaibani states that indeed Imam Shabi said regarding the thief: If the stolen item is found exactly with him, then it will be taken from him and his hand will be cut off, and if he has spent that item, then his hand will be cut off and there will be no kind of liability upon him.

The aforementioned statement is also transmitted verbatim from Ibrahim and Hazrat Ibn Sirin.

30002 - And Ash'ath from Ibn Sirin, similarly.

Hazrat Ibn Jurayj states that Hazrat Ata said: After the thief's right hand has been cut off, he will not be held liable except for the stolen property that is found exactly as it was in his possession; that will be taken from him.

Hazrat Amr states that Hasan Basri did not hold a thief liable for anything after his hand had been cut off.

Hazrat Matar Waraq narrates that Hazrat Saeed bin Jubair was asked about a person whose hand was cut off, so should he also be held responsible for the payment of the stolen property? He replied: Cutting off his hand is sufficient as a guarantee.