Chapter: On Cutting (the Hand) for Theft
The fundamental basis for this is the Book, the Sunnah, and the consensus (ijma). As for the Book, it is the saying of Allah the Almighty: "As for the thief, both male and female, cut off their hands" (1). As for the Sunnah, 'Aisha reported that the Messenger of Allah (may Allah bless him and grant him peace) said: "The hand is cut for a quarter of a dinar and upward." The Prophet (may Allah bless him and grant him peace) also said: "Those who were before you were destroyed only because if the noble among them stole, they would leave him, but if the weak among them stole, they would cut him." Both are agreed upon (2). There are other reports besides these two, which we shall mention, if Allah the Almighty wills, in their appropriate places. The Muslims have reached a consensus on the obligation of cutting the hand of the thief in general.
1579 - Issue; Abu al-Qasim, may Allah have mercy on him, said: "And if he steals a quarter of a dinar of gold,"
(1) Surah al-Ma'idah: 38. (2) The first (hadith) was recorded by al-Bukhari in: The Chapter of the Saying of Allah the Almighty: "As for the thief, both male and female, cut off their hands" from the Book of Penalties (Hudud), Sahih al-Bukhari 8/199; and by Muslim in: The Chapter of the Penalty for Theft and its Minimum Amount (Nisab), from the Book of Penalties, Sahih Muslim 3/1312-1313. It was also recorded by Abu Dawud in: The Chapter on What the Thief is Punished for, from the Book of Penalties, Sunan Abi Dawud 2/448; al-Tirmidhi in: The Chapter of What Has Been Related Regarding How Much the Hand of the Thief is Cut For, from the Chapters on Theft, 'Aridat al-Ahwadhi 6/225; al-Nasa'i in: The Chapter of Mentioning the Disagreement Over al-Zuhri, from the Book of Cutting the Hand of the Thief, al-Mujtaba 8/71-72; Ibn Majah in: The Chapter of the Penalty for the Thief, from the Book of Penalties, Sunan Ibn Majah 2/862; al-Darimi in: The Chapter of What the Hand is Cut For, from the Book of Penalties, Sunan al-Darimi 2/172; Imam Malik in: The Chapter of What Requires Cutting, from the Book of Penalties, al-Muwatta' 2/832-833; and Imam Ahmad in: al-Musnad 6/36. See what preceded on page 45.
The second (hadith) was recorded by al-Bukhari in: The Chapter of "And al-Layth said..." from the Book of Expeditions (Maghazi), and in: The Chapter of Executing Penalties on the Noble and the Lowly, from the Book of Penalties, Sahih al-Bukhari 5/192-193, 8/199; and by Muslim in: The Chapter of Cutting the Hand of the Thief, Whether Noble or Otherwise, from the Book of Penalties, Sahih Muslim 3/1315. It was also recorded by Abu Dawud in: The Chapter of Intercession in a Penalty, from the Book of Penalties, Sunan Abi Dawud 2/445; al-Nasa'i in: The Chapter of Mentioning the Disagreement in the Wording of the Transmitters... Regarding the Makhzumiyyah Woman Who Stole, from the Book of Cutting the Hand of the Thief, al-Mujtaba 8/64-68; Ibn Majah in: The Chapter of Intercession Regarding Penalties, from the Book of Penalties, Sunan Ibn Majah 2/851; al-Darimi in: The Chapter of Intercession Regarding Penalties, from the Book of Penalties, Sunan al-Darimi 2/173; and Imam Ahmad in: al-Musnad 6/162.
