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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب مَا لاَ يُقْطَعُ فِيهِ مِنَ الثِّمَارِ:Chapter: No Amputation for Certain Fruits
Hadith 2346
اُردوEn
أَخْبَرَنَا سَعِيدُ بْنُ مَنْصُورٍ، حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ مُحَمَّدٍ، عَنْ يَحْيَى بْنِ سَعِيدٍ، عَنْ مُحَمَّدِ بْنِ يَحْيَى بْنِ حَبَّانَ، عَنْ أَبِي مَيْمُونٍ، عَنْ رَافِعِ بْنِ خَدِيجٍ، قَالَ: سَمِعْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، يَقُولُ: "لَا قَطْعَ فِي كَثَرٍ" . قَالَ أَبُو مُحَمَّد: الْقَوْلُ مَا قَالَ أَبُو أُسَامَةَ.
The translation of this hadith has already been mentioned above. Imam Darimi, may Allah have mercy on him, said: What Abu Usamah (his name is Hammad bin Usamah) said is correct.
Brief Explanation
(Commentary on Hadiths 2342 to 2346)
From all the aforementioned narrations, it is established that if a person eats fruits and produce only as much as is needed, his hand will not be cut. This is also the opinion of Imam Abu Hanifah rahimahullah, that for the theft of dates, fruits, vegetables, wood, or grass, there is no cutting of the hand (amputation).
Imam Shafi'i rahimahullah said: If these items are in a secure place, such as inside a garden or a house, and someone steals any of these things from there, then his hand will be cut.
The Ahl al-Hadith also hold the view that for the theft of fruit, produce, and unripe dates, there is no cutting of the hand unless these items have been placed in a secure place for drying, and the condition is that the thief only eats them, not that he takes them away in his lap. If he does so, then he will have to pay double the price as a penalty and will also be punished.
(Wahidi).
From all the aforementioned narrations, it is established that if a person eats fruits and produce only as much as is needed, his hand will not be cut. This is also the opinion of Imam Abu Hanifah rahimahullah, that for the theft of dates, fruits, vegetables, wood, or grass, there is no cutting of the hand (amputation).
Imam Shafi'i rahimahullah said: If these items are in a secure place, such as inside a garden or a house, and someone steals any of these things from there, then his hand will be cut.
The Ahl al-Hadith also hold the view that for the theft of fruit, produce, and unripe dates, there is no cutting of the hand unless these items have been placed in a secure place for drying, and the condition is that the thief only eats them, not that he takes them away in his lap. If he does so, then he will have to pay double the price as a penalty and will also be punished.
(Wahidi).
