of trusts (amanat), we do not know of anyone who claims it is mandatory to cut the hand for it. The second condition is that the stolen item must be a nisab (minimum threshold). There is no cutting for a small amount, according to all jurists except for al-Hasan, Dawud, the son of the daughter of al-Shafi'i, and the Khawarij, who said: It is cut for both small and large amounts due to the generality of the verse, and because of what Abu Hurayrah (may Allah be pleased with him) narrated: The Prophet (may Allah bless him and grant him peace) said: "May Allah curse the thief; he steals a rope and his hand is cut, and he steals an egg and his hand is cut." Agreed upon (10). And because he is a thief stealing from a secure place (hirz), his hand is cut just like the thief of a large amount. Our argument is the saying of the Prophet (may Allah bless him and grant him peace): "There is no cutting except for a quarter of a dinar or more." Agreed upon (11). And the consensus of the Companions, which we will mention. This specifies the generality of the verse, and the "rope" may be of a value equal to that, and similarly for the "egg," it is possible it refers to a helmet (baydat al-silah), which is of such value. There is a difference in narration from Ahmad regarding the amount of the nisab for which cutting is mandatory for stealing. Abu Ishaq al-Jawzajani narrated from him that it is a quarter of a dinar of gold, or three dirhams of silver (wariq), or what is equivalent in value to three dirhams of other items. This is the opinion of Malik and Ishaq. Al-Athram narrated from him that if one steals something other than gold and silver the value of which is a quarter of a dinar or three dirhams, he is cut. According to this, items other than currency (12) are valued at the lower of the two amounts, either a quarter of a dinar or three dirhams. Another narration from him states that the basis is silver (13), and gold is valued against it; if a quarter of a dinar is less than three dirhams, the thief is not cut. This is narrated from al-Layth and Abu Thawr. Aisha said: There is no cutting (14) except for a quarter of a dinar or more (15). This has been narrated from Umar, Uthman, and Ali, may Allah be pleased with them.
(10) Recorded by al-Bukhari in: The Chapter on Cursing the Thief if He is Not Named, and the Chapter on the saying of Allah the Exalted: {As for the thief, both male and female, cut off their hands} from the Book of Penalties, Sahih al-Bukhari 8/198, 200, 201. And Muslim in: The Chapter on the Limit for Theft and Its Nisab, from the Book of Penalties, Sahih Muslim 3/1314. It was also recorded by al-Nasa'i in: The Chapter on the Gravity of Theft, from the Book of Cutting the Thief, Al-Mujtaba 8/59. And Ibn Majah in: The Chapter on the Limit for the Thief, from the Book of Penalties, Sunan Ibn Majah 2/862. And Imam Ahmad in: Al-Musnad 2/253. (11) Its verification has preceded on page 415. (12) Omitted from: (B). (13) In (B) and (M): "for silver". (14) In (B): "is cut". (15) Its verification as a mawquf statement attributed to Aisha has preceded on page 415.
