سنن نسائي
Nasai
كتاب قطع السارقThe Book of Cutting off the Hand of the Thief
بَابُ : الثَّمَرِ الْمُعَلَّقِ يُسْرَقُChapter: Fruits on the tree that are Stolen
Hadith 4960
اُردوEn
أَخْبَرَنَا قُتَيْبَةُ ، قَالَ : حَدَّثَنَا أَبُو عَوَانَةَ ، عَنْ عُبَيْدِ اللَّهِ بْنِ الْأَخْنَسِ ، عَنْ عَمْرِو بْنِ شُعَيْبٍ ، عَنْ أَبِيهِ ، عَنْ جَدِّهِ ، قَالَ : سُئِلَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : فِي كَمْ تُقْطَعُ الْيَدُ ؟ قَالَ : " لَا تُقْطَعُ الْيَدُ فِي ثَمَرٍ مُعَلَّقٍ ، فَإِذَا ضَمَّهُ الْجَرِينُ قُطِعَتْ فِي ثَمَنِ الْمِجَنِّ ، وَلَا تُقْطَعُ فِي حَرِيسَةِ الْجَبَلِ ، فَإِذَا آوَى الْمُرَاحَ قُطِعَتْ فِي ثَمَنِ الْمِجَنِّ " .
´It was narrated from 'Amr bin Shuaib, from his father, that his grandfather said:` "The Messenger of Allah was asked: 'For how much is the hand (of the thief) to be cut off?' He said: 'The hand (of the thief) is not to be cut off for (stealing) fruit on the tree, but if (the fruit) has been taken to the place where it is stored to dry, then the (thief's) hand is to be cut off (if what is stolen is equivalent to) the price of a shield. The (thief's) hand is not to be cut off for a sheep (stolen) from the grazing land, but if it had been put in the pen, then the (thief's) hand is to be cut off (if what is stolen is equivalent to) the price of a shield."'
Explanation & Benefits
Hafiz Muhammad Ameen
The meaning of the hadith is that the punishment of amputation of the hand (qat‘ al-yad) will not be enforced for stealing an unprotected item; however, another punishment may be given, which is subject to the discretion of the ruler of the time. Fruit attached to a tree is not considered protected, similarly, a grazing animal—even if it is grazing on owned land. However, once the fruit is picked and placed in the threshing floor, it becomes protected. Now, if it is stolen, the hand will be cut off. This is the rule regarding amputation of the hand: for stealing an unprotected item, the hand is not to be cut off. However, if the owner is present, the item will be considered protected, even if it is lying in an open field or in the crops. (For further details, see Hadith: 4885)
Source: Sunan Nasa'i: Translation and Benefits by Shaykh Hafiz Muhammad Amin Hafizullah, Page: 4960
