Ibn 'Umar reported that Allah's Messenger (may peace upon him) cut off the hand of a thief (in case of the theft) of a shield the price of which was three dirhams.
This hadith has been narrated on the authority of Ibn 'Umar through some other chains of transmitters but with a slight variation of words.
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
It is understood from this that the hand will be cut off for an item worth at least twelve annas, and such matters are dependent upon the understanding of the case by the ruling Imam or the Islamic court.
And Allah knows best what is correct.
(The mention of twelve annas is perhaps according to the calculation of the respected Mawlana's time, when coins were made of silver.
Now, according to the rupee, this amount is not the same, [Tuniswi])
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 6795
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
In the era of the Messenger of Allah (sallallahu alayhi wa sallam), one dinar was equivalent to twelve dirhams. Thus, in Sunan al-Bayhaqi, it is clarified that a quarter dinar in those days was equal to three dirhams, and a dinar was equivalent to twelve dirhams.
(al-Sunan al-Kubra lil-Bayhaqi: 8/255)
It is likely for this reason that Umar (radi Allahu anhu) set the amount of blood money (diyah) for those dealing in silver at twelve thousand dirhams, and for those dealing in gold at one thousand dinars.
(al-Sunan al-Kubra lil-Bayhaqi: 8/256)
(2)
A dirham is a minted coin of silver which the Arabs used in their transactions.
Its plural is daraahim.
One dirham is equal to three mashas and 1 1/5 ratti.
In our Indian subcontinent, two hundred dirhams are approximately equal to fifty-two and a half tolas of silver. Thus, when we divide fifty-two and a half tolas by two hundred dirhams, the weight of one dirham comes out to 21/80, which is equal to three mashas and 1 1/5 ratti.
According to the decimal system, it is 3.061 grams.
The threshold (nisab) for theft is three dirhams.
When this is multiplied by three mashas and 1 1/5, it becomes a weight of nine mashas and 3 3/5 ratti.
(3)
Now, since the price of silver has dropped significantly compared to gold, therefore, in the threshold (nisab) for theft, we will consider the value of gold. However, when giving zakat, the threshold of silver must be kept in view, meaning if we have enough currency that fifty-two and a half tolas of silver can be purchased with it, then zakat will be obligatory on that currency.
This benefits the poor and needy.
But in the threshold for theft, the value of gold should be considered.
And Allah knows best.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 6798
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
According to today's weight, one dirham (silver) is approximately equal to three grams.
It is understood that a quarter dinar (gold):
That is, if someone steals goods worth three dirhams (silver) or more, then his hand will be cut off in retribution.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1446
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Three dirhams in those days were equal to a quarter of a dinar, as is mentioned in the following narration.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 4386
Hafiz Muhammad Ameen
(1) For theft of what value should the hand be cut? In the first narration (4910) mentioned under the present chapter, the price of the shield is stated as five dirhams; this is absolutely incorrect—this is the narrator’s error and mistake. In other authentic narrations, the price of the shield is stated as three dirhams, as will be seen in the following narration. The narration mentioning five dirhams is shaadh (anomalous/weak), because its narrator, Mukhlid, has contradicted narrators who are more reliable and have better memory than him. When they narrated this from Nafi‘ rahimahullah, they stated the price as three dirhams, whereas he narrates it as five dirhams. Although the price of a shield can vary, since these are two chains of the same narration, one must be attributed to the narrator’s mistake. In any case, even if both narrations were authentic, it would make no difference, because the hand is cut for three dirhams or more. If something is worth one hundred dirhams, the hand will be cut for that as well; if it is worth a hundred thousand dirhams, likewise. Therefore, the ruling of cutting the hand at five dirhams does not negate the ruling at three dirhams. However, there is no mention anywhere of the hand being cut for less than three dirhams; thus, there is no difference between three dirhams and a quarter dinar (rub‘ dinar). In the time of the Prophet sallallahu alayhi wa sallam, a dinar was worth ten or twelve dirhams. A quarter of twelve is three. A quarter of ten would also be referred to as three dinars, because the Shari‘ah does not rule on fractions, but rounds them up; that is, the ruling of cutting the hand will be at three dirhams, not at two and a half. The narrations of three dirhams and a quarter dinar are absolutely authentic and are found in al-Bukhari and Muslim, so these are what will be acted upon. The Hanafis, on the basis of some weak narrations, have set the nisab (minimum amount) for theft at ten dirhams. This is entirely against principle, that a weak narration should be given preference over authentic ahadith. Although the Hanafis have called this precaution, it is a strange precaution by which the correct and explicit ruling of the Shari‘ah is rendered null and void.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4911
Hafiz Muhammad Ameen
Urdu footnote:
“A shaded place was constructed in Masjid Nabawi for women, which was called ‘Suffat al-Nisa’ (the women’s shelter).”
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4913
Hafiz Muhammad Ameen
Imam Nasa'i rahimahullah's purpose is to clarify that what Hisham Dastuwa'i narrated from Qatadah, who narrated from Anas radi Allahu anhu, as a marfu' (attributed to the Messenger of Allah sallallahu alayhi wa sallam) — that the Messenger of Allah sallallahu alayhi wa sallam ordered the hand to be cut for stealing a shield — is not correct to narrate as marfu'. Rather, the correct version is that this narration is mawquf, meaning it is the action of Abu Bakr as-Siddiq radi Allahu anhu. The hadith master Shu'bah rahimahullah narrated it from Qatadah rahimahullah, who narrated from Anas radi Allahu anhu, as mawquf, as is explicitly stated in the next narration (4916), and Imam Nasa'i rahimahullah has declared this mawquf narration to be authentic and correct.
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4915
Hafiz Zubair Ali Zai
Hadith Authentication: [وأخرجه البخاري 6795، ومسلم 6/1686، من حديث مالك به]
Jurisprudential Points:
➊ For theft of less than three dirhams (a quarter dinar), the thief’s hand is not to be cut off.
➋ In one narration, it is reported that the Messenger of Allah sallallahu alayhi wa sallam ordered the hand of a person to be cut off who had stolen one dinar or ten dirhams. See [سنن ابي داود 4387]
The chain of this narration is weak due to the tadlis (concealment of the transmitter’s source) of Muhammad ibn Ishaq ibn Yasar, who was a mudallis.
➌ The Messenger of Allah sallallahu alayhi wa sallam said: [لاقطع فى ثمر ولا كثر] The hand is not to be cut off for stealing fruit or palm branches. [مسند الحميدي بتحقيق : 408، وسنده صحيح، ورواه الترمذي : 1449، وغيره و صحيحه ابن حبان : 4449يا 4466، وابن الجاردد : 826]
The hadith scholar Abu Awanah Waddah ibn Abdullah al-Yashkuri rahimahullah said: I was present with Abu Hanifah when a man asked a question: A man has stolen dates. Abu Hanifah replied: His hand should be cut off. I said to that man: Do not write this down, this is a scholar’s mistake. He asked: What is the matter? I said: The Messenger of Allah sallallahu alayhi wa sallam said: The hand is not to be cut off for stealing fruit or palm branches. (Imam) Abu Hanifah then said to that man: Strike out my fatwa and write: The hand is not to be cut off, the hand is not to be cut off. [كتاب السنة لعبدالله بن أحمد بن حنبل : 380 وسنده صحيح،]
It is evident that Imam Abu Hanifah rahimahullah was an adherent and practitioner of authentic hadith, and also accepted specification (takhsis) of the Noble Qur’an by it. Turning to the truth is a sign of the people of faith.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 246