When Is the Punishment of Theft (Ḥadd al-Sariqah) Applied?

Narration and Context
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Narrated by Abū Hurayrah (رضي الله عنه):

The Messenger of Allah ﷺ was brought a thief who had stolen a cloak. The people said:
“O Messenger of Allah, this man has committed theft.”
The Prophet ﷺ said: “I do not think he has stolen.”
The thief then confessed and said: “Yes, O Messenger of Allah, I did steal.”
The Prophet ﷺ then commanded:
“Take him and cut off his hand, then cauterize (the wound), and bring him back to me.”
So his hand was cut off, the wound cauterized, and he was brought back to the Prophet ﷺ.
The Prophet ﷺ said: “Repent to Allah.”
The thief replied: “I have repented to Allah.”
The Prophet ﷺ then said: “May Allah accept your repentance.”

Source: Ḥadīth Ḥasan
Narrated by: Dār al-Quṭnī in al-Ḥudūd: 871, al-Ḥākim: 4/381

✿ Important Points Derived from the Ḥadīth​

❶ Admission of Guilt Without Coercion Validates the Ḥadd
If the thief confesses to the crime without being coerced or pressured, the ḥadd punishment becomes applicable. Alternatively, two upright witnesses can establish guilt.

❷ A Judge May Use Indirect Inquiry for Confession
A judge or ruler may inquire in a non-direct or suggestive manner to prompt the accused to confess, as the Prophet ﷺ did by saying:
“I don’t think he has stolen.”

❸ Medical Precaution: Cauterization Post-Amputation
The ḥadd punishment involves cutting off the hand, and it is necessary to immediately cauterize the wound to prevent excessive bleeding or infection. This shows the integration of compassion even in the execution of justice.

❹ Encouragement to Repent Post-Punishment
It is Sunnah to encourage the guilty party to repent after the ḥadd punishment. The Prophet ﷺ invited the thief to repent and made du‘ā for his repentance to be accepted.

❺ Allah Accepts Sincere Repentance
No matter how grave the sin, sincere repentance is accepted by Allah. This is a major principle in Islam—that divine mercy encompasses all sins when one turns to Allah in true repentance.

Note:
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 Mawlānā Maḥmūd Aḥmad Ghaẓnfar.