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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب مَا تُقْطَعُ فِيهِ الْيَدُ:Chapter: What Requires Hand Amputation
Hadith 2338
اُردوEn
أَخْبَرَنَا أَبُو نُعَيْمٍ، حَدَّثَنَا سُفْيَانُ، عَنْ أَيُّوبَ، وَإِسْمَاعِيل بْنِ أُمَيَّةَ، وَعُبَيْدِ اللَّهِ، وَمُوسَى بْنِ عُقْبَة، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ، قَالَ: "قَطَعَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي مِجَنٍّ قِيمَتُهُ ثَلَاثَةُ دَرَاهِمَ".
Sayyiduna Ibn Umar (may Allah be pleased with them both) said: The Messenger of Allah (peace and blessings be upon him) cut off a hand for a shield whose price was three dirhams.
Brief Explanation
(Explanation of Hadith 2337)
From these ahadith, it is understood that until the threshold (nisab) of theft is completed, the thief’s hand will not be cut. This is the opinion of the majority of the scholars. Some scholars have declared the punishment of cutting the hand obligatory for every theft, whether small or large, but this is not correct.
In this regard, the aforementioned hadith is explicit and clear, by which the noble verse: «﴿وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا﴾» is specified and restricted.
Then, regarding the threshold (nisab), there are various opinions, among which the two most famous are:
(1) The first is that the nisab for gold is a quarter of a dinar, and for silver, three dirhams. This is the opinion of Imam Shafi’i rahimahullah and others.
(2) The second opinion is that the nisab is ten dirhams, and the punishment of cutting the hand cannot be given for less than this. This is the opinion of Sufyan Thawri and the Hanafis.
Imam Shafi’i rahimahullah and others have deduced from the aforementioned agreed-upon ahadith that the weight of one dinar is four mashas of gold, and a dirham is three and a half mashas of silver; thus, a quarter dinar and three dirhams are equivalent in weight. The punishment of cutting the hand will not be enforced for theft of less than this value. If someone steals something other than gold or silver, its threshold (nisab) will be calculated according to the value of three dirhams.
Imam Abu Hanifah rahimahullah and others have deduced from the narration of Sayyiduna Ibn Abbas radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam cut the hand of a thief for a shield whose price was ten dirhams.
Firstly, this narration does not contradict the narration of three dirhams, because it is possible that on one occasion the hand was cut for a shield worth three dirhams, and on another occasion for a shield worth ten dirhams. From this, the minimum threshold (nisab) is known. Moreover, the narration of ten dirhams is of a lower degree compared to the agreed-upon narration of a quarter dinar or three dirhams. Therefore, the madhhab and position of Imam Shafi’i rahimahullah is more correct and stronger.
And Allah knows best.
From these ahadith, it is understood that until the threshold (nisab) of theft is completed, the thief’s hand will not be cut. This is the opinion of the majority of the scholars. Some scholars have declared the punishment of cutting the hand obligatory for every theft, whether small or large, but this is not correct.
In this regard, the aforementioned hadith is explicit and clear, by which the noble verse: «﴿وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا﴾» is specified and restricted.
Then, regarding the threshold (nisab), there are various opinions, among which the two most famous are:
(1) The first is that the nisab for gold is a quarter of a dinar, and for silver, three dirhams. This is the opinion of Imam Shafi’i rahimahullah and others.
(2) The second opinion is that the nisab is ten dirhams, and the punishment of cutting the hand cannot be given for less than this. This is the opinion of Sufyan Thawri and the Hanafis.
Imam Shafi’i rahimahullah and others have deduced from the aforementioned agreed-upon ahadith that the weight of one dinar is four mashas of gold, and a dirham is three and a half mashas of silver; thus, a quarter dinar and three dirhams are equivalent in weight. The punishment of cutting the hand will not be enforced for theft of less than this value. If someone steals something other than gold or silver, its threshold (nisab) will be calculated according to the value of three dirhams.
Imam Abu Hanifah rahimahullah and others have deduced from the narration of Sayyiduna Ibn Abbas radi Allahu anhuma that the Messenger of Allah sallallahu alayhi wa sallam cut the hand of a thief for a shield whose price was ten dirhams.
Firstly, this narration does not contradict the narration of three dirhams, because it is possible that on one occasion the hand was cut for a shield worth three dirhams, and on another occasion for a shield worth ten dirhams. From this, the minimum threshold (nisab) is known. Moreover, the narration of ten dirhams is of a lower degree compared to the agreed-upon narration of a quarter dinar or three dirhams. Therefore, the madhhab and position of Imam Shafi’i rahimahullah is more correct and stronger.
And Allah knows best.
