الفرق بين المراجعتين لصفحة: «القرآن والحديث والعلماء: البتر»

==Qur'an==

===Mischief-makers hands and feet cut off from opposite sides===

{{Quote|1={{Quran|5|33}}|2=The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter;}}

===As to the thief, cut off his or her hands===

{{Quote|1={{Quran|5|38}}|2=As to the thief, Male or female, cut off his or her hands: a punishment by way of example, from Allah, for their crime: and Allah is Exalted in power.}}

==Hadith==

===How to qualify for the punishment===

{{Quote|1={{Bukhari|8|81|780}}, See also: {{Bukhari|8|81|781-782}}, {{Muslim|17|4175-4180}}, and {{Muwatta|41|7|24}}|2=Narrated 'Aisha: The Prophet said, "The hand should be cut off for stealing something that is worth a quarter of a Dinar or more."}}

{{Quote|1={{Bukhari|8|81|783}}, See also: {{Bukhari|8|81|784-786}}, and {{Muslim|17|4181-4182}}|2=Narrated 'Aisha: The hand of a thief was not cut off during the lifetime of the Prophet except for stealing something equal to a shield in value.}}

{{Quote|1={{Bukhari|8|81|787}}, See also: {{Bukhari|8|81|788-790}}, {{Muslim|17|4183-4184}} and {{Muwatta|41|7|21}}|2=Narrated Ibn 'Umar: Allah's Apostle cut off the hand of a thief for stealing a shield that was worth three Dirhams.}}

{{Quote|1={{Bukhari|8|81|791}}, See also: {{Muslim|18|4185-4186}}|2=Narrated Abu Huraira: Allah 's Apostle said, "Allah curses the thief who steals an egg (or a helmet) for which his hand is to be cut off, or steals a rope, for which his hand is to be cut off."}}

===Exceptions to the law===

{{Quote|1={{Abudawud|38|4378}}|2=Narrated Jabir ibn Abdullah: The Prophet (peace be upon him) said: Cutting of hand is not to be inflicted on one who plunders, but he who plunders conspicuously does not belong to us.}}

{{Quote|1={{Abudawud|38|4394}}|2=Narrated Busr ibn Artat: Junadah ibn AbuUmayyah said: We were with Busr ibn Artat on the sea (on an expedition). A thief called Misdar who had stolen a bukhti she-camel was brought. He said: I heard the Apostle of Allah (peace be upon him) say: Hands are not to be cut off during a warlike expedition. Had it not been so, I would have cut it off.}}

Amputation not needed for thieves who steal fruit.

===Thieves who repent must still be punished===

{{Quote|1={{Bukhari|8|81|779}}, See also: {{Bukhari|8|81|778}}, {{Muslim|17|4187}}, and {{Muslim|17|4189}} & {{Abudawud|38|4382}}|2=Narrated 'Aisha: The Quraish people became very worried about the Makhzumiya lady who had committed theft. They said, "Nobody can speak (in favor of the lady) to Allah's Apostle and nobody dares do that except Usama who is the favorite of Allah's Apostle. " When Usama spoke to Allah's Apostle about that matter, Allah's Apostle said, "Do you intercede (with me) to violate one of the legal punishment of Allah?" Then he got up and addressed the people, saying, "O people! The nations before you went astray because if a noble person committed theft, they used to leave him, but if a weak person among them committed theft, they used to inflict the legal punishment on him. By Allah, if Fatima, the daughter of Muhammad committed theft, Muhammad will cut off her hand!"}}

{{Quote|2=He (the Holy Prophet) then commanded about that woman who had committed theft, and her hand was cut off. 'A'isha (further) said: Hers was a good respentance, and she later on married and used to come to me after that, and I conveyed her needs (and problems) to Allah's Messenger (may peace be upon him).}}

{{Quote|1={{Muslim|17|4190}}|2=Jaibir reported that a woman from the tribe of Makhzum committed theft. She was brought to Allah's Apostle (may peace be upon him) and she sought refuge (intercession) from Umm Salama, the wife of Allah's Apostle (may peace be upon him). Thereupon Allah's Apostle (may peace be upon him) said: By Allah, even if she were Fatima, I would have her hand cut off. And thus her hand was cut off.}}

{{Quote|{{Muwatta|41|10|31}}|Yahya related to me from Malik that Abu'z-Zinad informed him that a governor of Umar ibn Abd al-Aziz took some people in battle and had not killed any of them. He wanted to cut off their hands or kill them, so he wrote to Umar ibn Abd al-Aziz about that Umar ibn Abd al-Aziz wrote to him, "Better to take less than that."

Malik said about some one who stole something for which cutting off the hand was obliged and then what he stole was found with him and he returned it to its owner, "His hand is cut off."

{{Quote|{{Ibn Majah|20|3|20|2547}}|It was narrated from 'Aishah :

that Quraish became concerned about the case of the Makhzumi woman who had stolen, and they said: “Who will speak to the Messenger of Allah (صلى الله عليه وسلم) concerning her?” They said: “Who would dare to do that other than Usamah bin Zaid, the beloved of the Messenger of Allah (صلى الله عليه وسلم)?” So Usamah spoke to him, and the Messenger of Allah (صلى الله عليه وسلم) said, “Are you interceding concerning one of the legal punishments of Allah (SWT)?“ Then he stood up and addressed (the people) and said: “O people! Those who came before you were only destroyed because when one of their nobles stole, they let him off, but when one of the weak people among them stole, they would carry out the punishment on him. By Allah, if Fatimah the daughter of Muhammad were to steal, I would cut off her hand.” (Sahih)(One of the narrators) Muhammad bin Rumh said: “I heard Laith bin Sa'd say: 'Allah(SWT) protected her (Fatimah) from stealing, and every Muslim should say this.'” }}

===The habitual thief===

{{Quote|1={{Abudawud|38|4396}}|2=Narrated Jabir ibn Abdullah: A thief was brought to the Prophet (peace be upon him). He said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his hand. So his (right) hand was cut off. He was brought a second time and he said: Kill him. The people said: He has committed theft, Apostle of Allah! Then he said: Cut off his foot.

So we took him away and killed him. We then dragged him and cast him into a well and threw stones over him.}}

===The thieving slave and Aisha===

{{Quote|1={{Muwatta|41|7|25}}|2=Yahya related to me from Malik from Abdullah ibn Abi Bakr ibn Hazim that Amra bint Abd ar-Rahman said, "A'isha, the wife of the Prophet, may Allah bless him and grant him peace, went out to Makka and she had two girl mawlas of hers and a slave belonging to the sons of Abdullah ibn Abi Bakr as-Siddiq . She sent a figured cloak with the two mawlas which was sewn up in a piece of green cloth."

Amra continued, "The slave took it and unstitched it and took out the cloak. In its place, he put some felt or skin and sewed it up again. When the mawla girls came to Madina, they gave it to his people. When they opened it, they found felt in it and did not find the cloak. They spoke to the two women and they spoke to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, or they wrote to her and suspected the slave. The slave was asked about it and confessed. A'isha, the wife of the Prophet, may Allah bless him and grant him peace, gave the order and his hand was cut off. A'isha said, 'A thief's hand is cut off for a quarter of a dinar and upwards.'"

Malik said, "The limit I prefer above which cutting off the hand is obliged is three dirhams, whether the exchange is high or low. That is because the Messenger of Allah, may Allah bless him and grant him peace, cut off the hand of a thief for a shield whose value was three dirhams, and Uthman ibn Affan cut off the hand of a thief for a citron which was estimated at three dirhams. This is what I prefer of what I have heard on the matter."}}

===Miscellaneous===

{{Quote|1={{Abudawud|38|4367}}|2=Narrated AbuUmayyah al-Makhzumi: A thief who had accepted (having committed theft) was brought to the Prophet (peace be upon him), but no good were found with him. The Apostle of Allah (peace be upon him), said to him: I do not think you have stolen. He said: Yes, I have. He repeated it twice or thrice. So he gave orders. His hand was cut off and he was then brought to him. He said: Ask Allah's pardon and turn to Him in repentance. He said: I ask Allah's pardon and turn to Him in repentance. He (the Prophet) then said: O Allah, accept his repentance.}}

{{Quote|1={{Abudawud|38|4373}}, See also: {{Abudawud|38|4374}}|2=Narrated Abdullah ibn Umar: The Prophet (peace be upon him) had a man's hand cut off who had stolen from the place reserved for women a shield whose price was three dirhams.}}

{{Quote|1={{Muwatta|41|7|22}}|2=Yahya related to me from Malik from Abdullah ibn Abd ar-Rahman abu Husayn al-Makki that the Messenger of Allah, may Allah bless him and grant him peace, said, "The hand is not cut off for fruit hanging on the tree and for sheep kept in the mountains. So when they are taken from the fold or the place where the fruit is dried, a hand is cut off for whatever reaches the price of a shield."}}

{{Quote|1={{Muwatta|41|7|23}}|2=Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father from Amra bint Abd ar-Rahman that a thief stole a citron in the time of Uthman Uthman ibn Affan ordered its value to be estimated and it was estimated at three dirhams at the rate of exchange of twelve dirhams for the dinar, so Uthman cut off his hand.}}  

{{Quote|1={{Muwatta|37|7|6a}}|2="...when a thief steals goods, only their price on the day he stole them is looked at. If cutting off the hand is necessary because of it, that is done. If the cutting off is delayed, either because the thief is imprisoned until his situation is examined or he flees and then is caught, the delay of the cutting off of the hand does not make the hadd, which was obliged for him on the day he stole, fall from him even if those goods become cheap after that. Nor does delay oblige cutting off the hand if it was not obliged on the day he took those goods, even if they become expensive after that."}}