Musannaf Ibn Abi Shaybah

Hazrat Sha’bah says that I asked Hazrat Hammad about a person who steals from the treasury (Bait-ul-Mal)? He replied: His hand should be cut off. And Hazrat Hakam said: His hand should not be cut off.

30467 - And he said: The judge does not decide.

Hazrat Qasim narrates that a man stole from the treasury, so Hazrat Saad wrote to Hazrat Umar about this matter. Hazrat Umar replied to Hazrat Saad: The punishment of cutting the hand will not be carried out on him because he also has a share in the treasury.

Hazrat Sha’bah says that I asked Hazrat Hakam about the person who steals from the Bayt-ul-Mal (public treasury)? He replied: The punishment of cutting the hand will not be enforced upon him.

Hazrat Qatadah narrates that it is reported from Hazrat Saeed bin Musayyib regarding the person who steals from the spoils of war. He said: The prescribed punishment (hadd) will not be carried out on him as long as he also has a share in it.

Hazrat Hisham states that Hasan Basri said: When a man steals from the spoils of war while he also has a share in it, then his hand will not be cut off; but if he steals from the spoils of war while he has no share in it, then his hand will be cut off.

Hazrat Ibn Ubaid bin Abras narrates that Hazrat Ali (may Allah be pleased with him) was distributing weapons in an open field when a man took a helmet and put it on his head. Then another man found him in this state and brought him to Hazrat Ali (may Allah be pleased with him). He did not cut off his hand and said: He also has a share in the wealth.