Regarding the Person Who Steals a Bird or a Falcon: What Punishment Should Be Applied?

Hazrat Yazid ibn Khusayfah narrates that a man was brought to Hazrat Umar ibn Abdul Aziz who had stolen a bird. So he asked Hazrat Sa’ib ibn Yazid for a fatwa regarding this. He replied: I have not seen anyone whose hand was cut for stealing a bird. And in this matter, the punishment of cutting the hand will not be carried out on the thief. Hazrat Umar ibn Abdul Aziz released him and did not cut his hand.

Hazrat Abdullah bin Yasar narrates that a man who had stolen a chicken was brought before Hazrat Umar bin Abdul Aziz. He intended to cut off his hand. Hazrat Abu Salamah bin Abdur Rahman said to him that Hazrat Usman had stated: There is no punishment of cutting the hand for stealing a bird.

Hazrat Abu Khalid narrates from a man that Hazrat Ali (may Allah be pleased with him) did not cut the hand (of a thief) for stealing a bird.

Hazrat Ibn Jurayj says that I heard a trustworthy elder saying that the punishment of cutting the hand will not be applied in the case of a falcon that has been stolen, even if its price is one dinar or even more.

Hazrat Ibn Jurayj says that Hazrat Amr bin Shu'aib also used to say the same.