Nasai

(1) “Kill him”—Your intention was not to command his killing, rather this was your prophecy that his ultimate fate would be killing, which was fulfilled in his case. It is also possible that you were informed by revelation (wahy) that this person would not desist and would eventually have to be killed; therefore, you gave the command to kill him the very first time. The Companions (radi Allahu anhum) hesitated in carrying out your command because you (sallallahu alayhi wa sallam) yourself had prescribed the punishment for theft as the cutting of the hand. They thought that perhaps you were not fully aware of the nature of his crime, so when the Companions clarified the details of his crime again, you then ordered that his hand be cut off.

(2) “The foot was cut off”—In the Noble Qur’an, only the cutting of the hand is mentioned as the punishment for theft; therefore, some people do not accept the cutting of the foot as a punishment for theft. However, the majority of the scholars are of the opinion that for a second theft, the left foot should be cut off. If he steals again, then the left hand, and if he steals yet again, then the right foot. If he steals for the fifth time, then he should be imprisoned. Some are of the opinion that for the fifth theft, he should be killed, as is mentioned in this hadith. Some practitioners do not accept cutting after one hand and one foot, because in this way he would become completely disabled and would not be able to carry out his daily tasks—he would neither be able to eat or drink, nor relieve himself, nor perform other necessary actions. After all, who would do these things for him? The majority of scholars also cite as evidence the verse of “muharaba” (waging war against Allah and His Messenger). In it, there is explicit mention of cutting off hands and feet for those who spread corruption: “or their hands and feet be cut off from opposite sides” (, al-Ma’idah 5:33). Rationally as well, the ruling for hands and feet is the same; therefore, the position of the majority is correct.