the cutter; because he gave permission for it to be cut, so he resembles someone other than a thief. The preferred view according to us is what we mentioned first (28). And God knows best.

1582 - Issue: He said: (If he repeats, he is imprisoned, and nothing is cut but a hand and a foot).

Meaning, if he repeats and steals after his hand and foot have been cut, nothing else is cut from him, and he is imprisoned. This is the position of Ali (1), may God be pleased with him, al-Hasan, al-Sha'bi, al-Nakha'i, al-Zuhri, Hammad, al-Thawri, and the People of Reason (Ashab al-Ra'y). It is narrated from Ahmad that in the third instance his left hand is cut, in the fourth his right foot, and in the fifth he is disciplined and imprisoned. It was narrated from Abu Bakr and Umar, may God be pleased with them, that they cut the hand of one who had already had his hand and foot cut (2). This is the view of Qatada, Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. It was narrated from Uthman, Amr ibn al-As, and Umar ibn Abd al-Aziz that his left hand is cut in the third instance, the right foot in the fourth, and he is killed in the fifth, because Jabir said: A thief was brought to the Prophet (may the peace and blessings of Allah be upon him), and he said, "Kill him." They said: O Messenger of Allah, he only stole. He said, "Cut him." He said (3): So he was cut. Then he was brought a second time, and he said, "Kill him." They said: O Messenger of Allah, he only stole. He said, "Cut him." He said (4): So he was cut. Then he was brought a third time, and he said, "Kill him." They said: O Messenger of Allah, he only stole. He said, "Cut him." He said: Then he was brought a fourth time, and he said, "Kill him." They said: O Messenger of Allah, he only stole. He said, "Cut him." Then