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سنن دارمي
Darimi
من كتاب الاحدودFrom the Book of Hudud (Legal Punishments)
باب مَا لاَ يُقْطَعُ مِنَ السُّرَّاقِ:Chapter: No Amputation for Certain Thieves
Hadith 2347
اُردوEn
أَخْبَرَنَا أَبُو عَاصِمٍ، عَنْ ابْنِ جُرَيْجٍ، قَالَ: أَنْبَأَنَا أَبُو الزُّبَيْرِ، قَالَ جَابِرٌ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَيْسَ عَلَى الْمُنْتَهِبِ، وَلَا عَلَى الْمُخْتَلِسِ، وَلَا عَلَى الْخَائِنِ قَطْعٌ".
Sayyiduna Jabir (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings be upon him) said: "There is no punishment of cutting the hand for the one who snatches, the one who seizes by force, and the one who commits treachery."
Brief Explanation
(Hadith Explanation 2346)
«منتهب على الاعلان جبرًا» refers to someone who seizes wealth from another by force of arm (i.e., a bandit/robber), and «مختلس» refers to a pickpocket who suddenly snatches a wallet or similar item from someone and quickly escapes. A "khain" (betrayer) is one to whom something is entrusted as a loan or trust (amanah), and he denies it or makes an excuse that it was lost and usurps it. Additionally, stealing something from the owner's property and presenting oneself as trustworthy through flattery also falls under the definition of "khain" (betrayer).
The hands of these three types of individuals will not be cut off, but they will be given appropriate punishments such as imprisonment or lashes, so that they may refrain from these crimes. This is because banditry, pickpocketing, and betrayal are all major crimes and cause chaos in society; therefore, they must be punished.
From this hadith, it is understood that the hand will not be cut off for one who seizes wealth by force, or snatches it suddenly, or betrays a trust. Some scholars have said regarding the betrayer and the pickpocket or snatcher that their hands should be cut off because this falls under the legal punishment (hadd) for theft. In any case, if someone steals property from a secure place and its value is more than a quarter dinar, and the case is brought to court, then such a person's hand will be cut off.
And Allah knows best.
«منتهب على الاعلان جبرًا» refers to someone who seizes wealth from another by force of arm (i.e., a bandit/robber), and «مختلس» refers to a pickpocket who suddenly snatches a wallet or similar item from someone and quickly escapes. A "khain" (betrayer) is one to whom something is entrusted as a loan or trust (amanah), and he denies it or makes an excuse that it was lost and usurps it. Additionally, stealing something from the owner's property and presenting oneself as trustworthy through flattery also falls under the definition of "khain" (betrayer).
The hands of these three types of individuals will not be cut off, but they will be given appropriate punishments such as imprisonment or lashes, so that they may refrain from these crimes. This is because banditry, pickpocketing, and betrayal are all major crimes and cause chaos in society; therefore, they must be punished.
From this hadith, it is understood that the hand will not be cut off for one who seizes wealth by force, or snatches it suddenly, or betrays a trust. Some scholars have said regarding the betrayer and the pickpocket or snatcher that their hands should be cut off because this falls under the legal punishment (hadd) for theft. In any case, if someone steals property from a secure place and its value is more than a quarter dinar, and the case is brought to court, then such a person's hand will be cut off.
And Allah knows best.
