Nasai

(1) Imam al-Nasa’i rahimahullah wishes to clarify that this chain of narration is disconnected (munqati‘), because Sufyan al-Thawri did not hear directly from Abu al-Zubayr; rather, between Sufyan al-Thawri and Abu al-Zubayr is the intermediary Ibn Jurayj, as is evident in the following narration.

(2) Although Imam al-Nasa’i rahimahullah has described the chain of this narration and the one after it as disconnected, both narrations are authentic. Shaykh al-Albani rahimahullah has conducted a very fine and meticulous scholarly investigation regarding Ibn Jurayj’s hearing of the aforementioned hadith from Abu al-Zubayr. Through this research, the reason for weakness is eliminated. For details, see: (Dhakheerat al-‘Uqba Sharh Sunan al-Nasa’i by al-‘Atyubi: 99/37-101).

(3) If someone is entrusted with a deposit and then withholds it, he is called a betrayer (kha’in). One who seizes property forcibly in front of watchful eyes is called a highway robber (muntahib), and one who snatches property cleverly with his hands and runs away is called a snatcher (mukhtalis). The definition of a thief (sariq) does not apply to such a person; therefore, the prescribed punishment (hadd) for theft will not be applied to them. And Allah knows best.

(4) In these cases, someone’s property is indeed taken, but the characteristic of theft is not present. Theft (sariqah) is when someone’s secured property is taken stealthily without their knowledge. Since in this case the thief is not detected, its harm to society is greater; therefore, the punishment of cutting the hand has been legislated for it, unlike the previous cases where the second party is aware and the property can be recovered with the help of a governmental authority. Thus, their ruling is different, but this does not mean that no punishment will be given; rather, another punishment that the ruler deems appropriate will be enforced, even if it is harsher than cutting the hand. For example: since a highway robber (daku) commits armed robbery, which poses a risk to innocent lives, he may be given the death penalty as mentioned in the verse of Muharaba. (For details, see the benefits of hadith: 4028 and 4029)