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In What Cases is Amputation (Cutting of the Hand) Applicable?

✿ Importance of Seeking from Allah​

اللَّهُ يَغْضِبُ إِنْ تَرَكْتَ سَوَالَهُ
“Allah becomes angry if you stop asking from Him.”


✿ The Ruling of Amputation for Theft​

Narrated by Abu al-Zubayr, from Jabir, from the Prophet ﷺ:
"(لَيْسَ عَلَى خَائِنٍ ، وَلَا مُنْتَهِبٍ وَلَا مُخْتَلِي، قَطع)"
"There is no amputation for the one who betrays a trust, nor for the one who snatches, nor for the one who steals by surprise."

Authenticated by al-Tirmidhi (Hadith Hasan)

✿ Additional Hadith on Amputation​

Narrated by Rafi' ibn Khadij:
He said, I heard the Messenger of Allah ﷺ say:
"(لَا قَطعَ فِي ثَمَرٍ، وَلَا كَثَرٍ)"
"There is no amputation in the case of fruits or date gum."

Wide bin Hibban narrates that Rafi' ibn Khadij explained: "Kathar" refers to gum.

❀ Key Points and Benefits​

Amputation does not apply to those who betray trusts, such as someone entrusted with an item who then uses or sells it and later excuses its loss. Similarly, it does not apply to the one who snatches an item suddenly or seizes it with force. Each of these cases has its own separate type of punishment based on different legal considerations.
No amputation for theft involving unprotected fruits or grains. For instance, someone eating fruit from a garden without taking it away will not have their hand cut off.
Legal punishment (ḥadd) for theft requires that the offender be legally accountable (mukallaf) — meaning adult and sane. These conditions apply across all prescribed punishments. If any of these conditions are not fulfilled, the ḥadd is not executed.

This content is derived from the book "Ḍiyā’ al-Islām fī Sharḥ al-Imām bi-Aḥādīth al-Aḥkām" by Shaykh Taqī al-Dīn Abī al-Fatḥ, translated by Maulana Mahmood Ahmad Ghaznavi.
 
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