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Qur'an, Hadith and Scholars:Amputation: Difference between revisions
Qur'an, Hadith and Scholars:Amputation (view source)
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, 16 September 2013→Exceptions to the law
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Plundering is not considered to be thievery. | Plundering is not considered to be thievery. | ||
{{Quote|1={{Abudawud|38|4378}}|2=Narrated Jabir ibn Abdullah: The Prophet ( | {{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.}} | ||
Able-bodied men are needed during times of war, so hands are not to be cut off during an expedition. | Able-bodied men are needed during times of war, so hands are not to be cut off during an expedition. | ||
{{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 ( | {{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. | Amputation not needed for thieves who steal fruit. | ||
{{Quote|1={{Abudawud|38|4375}}|2=Narrated Rafi' ibn Khadij: Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it. | {{Quote|1={{Abudawud|38|4375}}|2=Narrated Rafi' ibn Khadij: Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it. | ||
He told him that he had heard the Apostle of Allah ( | He told him that he had heard the Apostle of Allah (peace be upon him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. | ||
The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Apostle of Allah ( | The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Apostle of Allah (peace be upon him). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam. | ||
Rafi' said to him: I heard the Apostle of Allah ( | Rafi' said to him: I heard the Apostle of Allah (peace be upon him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.}} | ||
===Thieves who repent must still be punished=== | ===Thieves who repent must still be punished=== | ||