He sallallaahu 'alayhi wasallam has also been determined that a thief's hand should not be withheld if stolen less than ¼ dinar. (Narrated by al-Bukhari (12/89), Muslim (1684), Malik (2 / 832), al-Tirmidhi (1445) and Abu Dawood (4383) from the hadeeth of Aisha-radhiallahu-Riders.)
Have authentic from him that he said, "Cut the arms theft valued at ¼ dinar, and do not you cut it down from its value in that." Mentioned by Imam Ahmad, may Allaah have mercy-. (Narrated by Ahmad (6 / 80) from the hadeeth of Aisha-radhiallahu-Riders with a strong isnaad)
Ayesha-radhiallahu-Riders said, "There never was a thief's hand cut in the time of the Prophet sallallaahu 'Peace be upon wasallam on stolen with a value less than the price of a shield, the shield and each of these objects has a value." (Narrated by al-Bukhari (12/89 ), Muslim (1684) and Malik in al-Muwatta '(2 / 832))
Have authentic from him that he said, "Allah has cursed the thief who steals a rope and then hand cut, and who steals an egg and his hand cut off." (Narrated by al-Bukhari (12/94), Muslim (1687) and An-Nasa `i (8 / 65))
He punish a woman who has never borrowed jewelry and he did not admit it, by cutting his hand.
Ahmad, may Allaah have mercy-argue with this law and there is no argument against him.
He sallallaahu 'alayhi wasallam menghukumi legal abort cut the hands of al-muntahib (stealing from the wealth ghanimah), al-mukhtalis (usurper), and al-kha `in, and which referred to al-kha` in is that he betrayed the goods borrowed.
As for those who do not recognize the items he borrowed, so he was included in the group thieves according to the Shari'a, For when the companions of the Prophet r speaking about a woman who borrowed jewels and then he deny it so he cut off her hand, and he said, "By the soul His hand is, if Fatima bintu undoubtedly Muhammad stole I would cut off his hand. "
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Then he sallallaahu 'alayhi wasallam classify people who do not acknowledge the loan of goods to the thief's name, as he put all kinds of food in the name of intoxicating liquor, then Watch for this. This is an introduction to the congregation about what God wants from His word.
He sallallaahu 'Peace be upon wasallam legal abort the hands of thieves cut fruits and katsar. He stipulates that anyone who takes him with her mouth (ie: eats in the tree and not picked from the stalks, Ed.) Because he needed it then no punishment upon it, and whoever comes out with him so he was obliged to change its value doubled and get a penalty. Whoever stole something from him from the finger then obliged to cut off his hand if the value of the stolen equivalent to the shield. This is still his decision and he is a fair law.
He set about the goat that was stolen from where the herd, should be replaced with the price doubled and the thief was beaten as a lesson. Now that was stolen from its cage, then the thief's hand cut off when the value equivalent to the price of a shield. (Narrated by Ahmad (2 / 180), An-Nasa `i (8 / 86) and Ibn Majah (2596) from the hadeeth of 'Amr ibn Shu'aib from his father from his grandfather, and sanad hasan)
He cut off the hands of thieves who stole a shield from the contingent of women in the mosque. (Narrated by Ahmad (2 / 145), Abu Dawood (4386) and An-Nasa `i from the hadeeth of Ibn 'Umar, and sanadnya saheeh)
He prevents the cutting of a slave who included slaves al-Khumus, which he stole from al-Khumus, and he said, "It is God's treasure to steal each other between each other." HR. Ibn Majah.
Never brought to him a thief and thieves but claims will not find her stolen goods, then he said, "What makes him think that he stole?" He replied, "Yes I stole." Then he repeated the words as much as two or three Last time he ordered that his hands were cut.
There was another thief who had brought to him then he said, "What makes him think that he stole?" He replied, "Yes I stole." Then he said, "Take him and cut his hand and then treat him until the blood stops flowing then bring him back to me. "And then he brought his hand cut off again to the Prophet sallallaahu 'alayhi wasallam, then he would say," Bertaubatlah you to God, "then he said," I repent to God, "then he said," God has received taubatmu .
Al-Tirmidhi in his history that he had cut off the hand of a thief and hung his hand on the nape. He (al-Tirmidhi) said, "This is a hasan hadeeth."
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Law he sallallaahu 'alayhi wasallam to people who accuse others stole
Abu Dawood narrated from Azhar bin Abdillah that there was a theft of the goods and they accused a group of people from Al-Hakah who had stolen it. They then went to An-Nu'man ibn Basyir Prophet Companions' Peace be upon wasallam, he imprisoned them for a few nights ago after their release. Seeing this, they then came up and said, "You let them go without a blow and the exam?" He said, "What do you want: If you want me to hit him, then I'll beat you if the goods found in them, but if not then I'll hit you pungung-backs as I hit their backs. "Then they said," What is this hukummu? "he replied," It is the law of Allah and His Messenger. "(Narrated by Abu Dawood (4382) in Al-Hudood: Chapter Test with punches and An-Nasa `i (8 / 66) in the As-Sariq: Chapter Test the thief with a punch, and strong sanadnya)
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These laws contain several cases:
First: Not to be a thief's hand cut off if the value of goods stolen is less than 3 ¼ dirhams or dinars.
Second: Can be cursed the perpetrators major sins in general, not per individual. As he r has cursed the thief, who has cursed the eater of ribaa and fed him, has cursed the wine drinker and a squeeze, and cursed those who do deeds of the Lot. He was banned from the curse of Abdullah Himar just finished drinking alcohol. (Saheeh hadeeth, and takhrijnya has passed on 43 pages (original book))
There is no contradiction between this case, because the nature of the curse on her required proficiency level in these things. As per the individual then there may be matters that impede arriving this curse to him, he has a good example of eliminating guilt or repentance or disaster-disaster that take away sins or forgiveness from God to him. Therefore be cursed kind deeds but not the individual.
Third: There is a direction to close the doors of sin, because he preached that the theft of a string and an egg will not make the deterrent until his hands were cut.
Fourth: Cutting the hands of people who do not recognize the items borrowed, and he was named as a thief according to the Shari'a, as it has been passed.
Fifth: The person who stole the property in an amount not to cut the lead to his compensation doubled twice. Imam Ahmad, may Allaah have mercy, have confirmed this and said, "Every person who cut the hands of law fall away then compensation multiplied." Law has been passed from the Prophet sallallaahu 'alayhi wasallam with this law in two circumstances: Theft of fruit is still hanging in tree and goats in the herd.
Sixth: Merger ta'zir with indemnity, and this is a merger between the two punishments: punishments that are material and physical.
Seventh: accounting for the preservation of goods. Because he sallallaahu 'alayhi wasallam legal abort the hands of thieves cut fruits that remain on the tree but this law obliges him to the person who stole it from al-jarin .. According to Abu Hanifah, it is because lack of wealth resulting from accelerated damage to property, and he made this as a theorem in all the events that his property is reduced by accelerating the damage to the treasure. But the majority opinion of scholars is more appropriate because he sallallaahu 'alayhi wasallam made the fortune that has three circumstances: (1) Things that are not nothing to him, that if she ate the fruit (on trees) directly with the mouth. (2) The situation that he should be replaced twice and the thief was beaten without cutting his hands, that is if he takes out and pluck from the tree. (3) The circumstances of his hands cut off for it, that is if he stole it from baidar (storage) it, whether he had or had not been perfectly dry, because that becomes the benchmark is the place and the guard, not dry or still wet he was. This is shown by his deeds that renders the law cut the hands of the man who stole a goat from the heed, and he requires the cutting off of hands to the person who stole it from its cage, because that is where custody.
Eighth: Determining the existence of a material penalty, which in this problem there are a lot of Thabit sunnah and nothing against it. The ar-rasyidun Khilafat and in others from among the Companions Radhiallahu 'Mas'ood has mengamalkannya, and most often applied is Omar Radhiallahu' anhu.
Ninth: A person regarded as a place to maintain custody of clothing and his bed that he slept on top of it wherever he is, whether he was sleeping in mosques or in others.
Tenth: The mosque is considered as a place of care for common goods that are stored there, because the Prophet sallallaahu 'alayhi wasallam cut the hands of someone who stole a shield from it. Therefore people who steal sheeting, lamps and carpets of the mosque also had to cut his hand, and this is one of two opinions in the madhhab of Ahmad and in others. The scholars who do not require hands cut off then he said: Because he has a right to her, so if he has no right then hand cut, for example if he is kafir dhimmi.
Eleventh: Asking for stolen goods is a prerequisite can cut off your hands, therefore if the owner gave it to the thief or sell it to him before his case be appointed to the priest, then the law also cut his hand fall. As the Prophet sallallaahu 'alayhi wasallam mentioned explicitly, "Why do not you do it before you bring him to me?" (Hadeeth saheeh, has passed on 47 pages (original book))
The twelve: It is legal to abort not cut the hands if the case had come to the priest, and so it is with all law Had that been up to the priest. He has Thabit from r will be no legal can be Had aborted, in As-Sunan from him, "If the law Had been up to the priest that God has cursed that provide intercession (help) and given intercessor (assisted)."
Thirteenth: People who steal from something that he has a right to her, his hand was not cut.
Fourteenth: Hand thief does not cut until after he admitted two times or with two witnesses, because thieves had been admitted at his side then he said, "Where do you know if you steal?" He replied, "Yes I'm stealing," then then when it cut his hand, and he does not cut it until he told him the greeting twice.
The fifteenth: Encourage the thief that he did not confess and that he retract his confession. But this is not a law for all the thieves, even among thieves there who later confessed after being persecuted and threatened, as will come insha Allah.
Sixteenth: mandatory for priests to heal after his hand is cut so that he does not die. In his words, "Heal her," there is the proposition that maintenance costs are not borne by the thieves.
Seventeenth: Hanging a thief's hand on his neck as a lesson for him and for others who see it.
Eighteenth: Hitting people who accuse him if visible signs of untruth. The Prophet r has given a punishment to those who accuse and imprison those who accuse.
Nineteenth: Mandatory release the accused if it is not visible from any of the alleged something to him. And that if the accuser if the accused was beaten pleasure: If the treasure found him (the accused) so no problem, but if not then he (plaintiff) must be beaten like a blow given to the person who he accused of if she accepts. This all together with signs of a lie, as the An-Nu'man ibn Basyir disconnect and he informed me that it is the law of the Prophet sallallaahu 'alayhi wasallam.
Twentieth: The retribution in the case of beatings with whips, sticks and such.
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Abu Dawood narrated from him that he had been ordered to kill a thief, then they (the Companions) said, "He's just stealing," then he said, "Cut her hands." Then the man brought in again for a second time and then he ordered to kill him then they (the Companions) said, "He's just stealing," then he said, "Cut her hands." Then the man brought in again for the third time ago he was ordered to kill him and then they (the Companions) said, "He just stole," then he said, "Cut her hands." Then the man brought in again for the fourth time and then he ordered to kill him and then they (the companions) said, "He's just stealing," then he said, "Cut her hands." Then the man brought in again for the second time and then he ordered to kill him and they were eventually killed him. "
The scholars differ about this law:
An-Nasa `i and in others not menshahihkan this hadith. An-Nasa `i said," This is unjust hadith, ibn Thabit Mush'ab narrator is not strong enough (laisa bil qawi). "Another hadith menshahihkan uni and say that this is a special law that applies to men's course, when the Messenger of Allah r know of any maslahat to kill him. A third group received this hadith, and argued with him, namely that if a thief had stolen up to five times then he was killed on the fifth theft. Among the schools of thought with this is Abu Mush'ab from among al-Malikiah.
In this law there is a description bolehnya fourth cut limbs of thieves. Abdurazzaq narrated in Al-Mushannaf: That brought to the Prophet sallallaahu 'alayhi wasallam a slave who stole da he has brought to him four times but he let it. Then he brought in at the fifth time he cut one arm, then on the sixth time he cut off one leg, then on the seventh time he cut his other arm, then on the eighth time he cut his foot off the other. (15)
The Companions and the scholars after they disagreed in the case: Are all the limbs should be cut or not? There are two opinions:
Ash-Shafi'i, Malik and Ahmad-in one of history-say: May be cut everything. While the Abu Hanifah and Ahmad-in the history of second-said: Not to be cut in excess of one arm and one leg. Built on top of this opinion, what is forbidden (1) eliminate the kind of limb function or (2) removing two members of the body on the same side of the body? In this issue there are two sides, which would appear to influence the problem: If the hand is cut just the right course, or simply a severed leg left alone. If we say: It may cut off all his limbs this will not take effect. But if we say: Not allowed to cut them all, then the cut on the first form is his left leg and a cut on the second form is based on the second because of his right hand on top. If the cut is the left hand with your right leg so he was not cut by two reasons above, and if the cut is left hand only, then his right hand was not cut by two reasons above. And is less accurate, thus Watch.
Does withholding the left foot is built on the two reasons above? If we make the loss of limbs similar benefits as for the legs should be cut, but if we make the loss of two limbs at the sides of the same body as the cause then the legs should not be cut.
If the cut is just second hand and we made a loss of benefits as a member of similar bodies because the left leg cut off, but if we make because it is the loss of two limbs on the same side of the body should not be cut. This is the application of this rule. Author Al-Hurrar say in this matter, "His right hand was cut by two histories. And must be differentiated between him and the problems of people who cut off his hands. Mentioned in the difference: If the cut is the second leg then she was like people sitting, and if the cut is one of his hands so he BIDA exploit the other hand for eating, drinking, ablution, and the jam of istijmar. If the cut is second hand so he could not use his limbs except his feet, so if one leg does not exist it would be impossible for him to use one foot without the hand. Among the differences: One hand can be used in conjunction with the absence of current benefits, while one leg can not be useful without the benefits of touch. "Wallahua'lam bishshawab.
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