Cutting thieves hands

Sunan Abi dawud 4410 Answer The narration comes in Sunan Abī Dāwūd #4410, Sunan al-Nasāʾī #4978, and Ṭabarānī’s al-Muʿjam al-Awsaṭ #1706. There is a standing consensus (ar. ijmāʿ) maintained by the entire Muslim community that a thief is not executed.[1] Additionally, the narration cited has been judged as unauthentic by leading authorities. Imām Nasāʾī maintains that this narration is not authentic. He said: “The narration is rejected (ar. munkar).”[2] Ibn ʿAbd al-Barr mentioned something similar, he said: “The narration that mentions executing the thief is rejected, there is no basis for it.”[3] Considering it as unauthentic is a stance taken by many scholars. This is Ibn Ruslān’s stance in his commentary on Sunan Abī Dāwūd. As well, Badr al-Dīn al-ʿAynī inclines to this in his commentary on Marghīnānī’s Hidāyah. In Subul al-Hudā, Muḥammad b. Yūsuf al-Ṣāliḥī said: “The scholars said that this is not sound, and likewise the other narrations that mention executing the thief.” Abū Sulaymān al-Khaṭṭābī mentioned that the narration has authenticity issues. Moreover, he pointed out that it contradicts other well-authenticated textual evidence. Namely, he cited the narration in which the Prophet (upon him be peace) said that life is sacred and that a life may not be taken except for in a few cases.[4] Allah knows best. [1] Badhl al-Majhūd, 17:360. [2] Sunan al-Nasāʾī, #4978. [3] Irshād al-Sārī, 7:219; al-Badr al-Munīr, 8:672. [4] Maʿālim al-Sunan, 3:313. https://m.youtube.com/watch?v=19cDIFIzC-I https://m.youtube.com/watch?v=gwhWNg2RqK4&t=75s https://yaqeeninstitute.org/read/paper/stoning-and-hand-cutting-understanding-the-hudud-and-the-shariah-in-islam The Quran specifies that the thief, male or female, should have their hand cut off “as a deterrent ordained by God” [Quran 5:38]. But because cutting off the hand is a serious matter, cutting off the hand of the thief should not be done for just any case of theft. A combination of conditions must be fulfilled before the hand of a thief is cut off. These conditions are as follows: 1-The stolen property should be something of worth, because that which is of no worth has no sanctity. 2-The value of the stolen property should be above a certain limit, which is three Islamic dirhams or a quarter of an Islamic dinar, or their equivalent in other currencies. [Sahih al-Bukhari 6789]. 3-The stolen property should have been taken from a place where it had been put away, i.e., a place where people usually put their property, such as a cupboard, for example. 4-The theft itself has to be proven, either by the testimony of two qualified witnesses or by the confession of the thief twice. 5-The person from whom the property was stolen has to ask for it back; if he does not, then (the thief’s) hand does not have to be cut off. 6-The thief must be sane. So if an insane person robs, his hand is not amputated. He may be suitably warned and scolded. 7-If a person is accused of theft, but before his theft is proved to the judge, he pays the owner the value of the goods, he is not penalised. Additional information: If a poor person stole a piece of bread out of hunger, they would not be punished as it would be under the value required for the punishment to apply. Also, in an ideal Islamic state in which the laws will be enforced, there would not be extremely poor people in need for food. So essentially, the only time someone would be punished, is by committing Grand-Theft, out of choice and greed. https://drjonathanbrown.com/2017/stoning-and-hand-cutting-understanding-the-hudud-and-the-shariah-in-islam/ A hadith recorded in Sahih al-Bukhari states that someone who steals something equivalent to an egg is to be cut his hand off, critics would use this except ibn hajar says in fathul bari that this is a khawarij argument and that it is abrogated Aisha reported: The hand of the thief was never cut in the lifetime of the Messenger of Allah, peace and blessings be upon him, for what is less than the price of a shield or piece of armor, and both of them were expensive. Source: Ṣaḥīḥ al-Bukhārī 6408, Ṣaḥīḥ Muslim 1685 Grade: Muttafaqun Alayhi (authenticity agreed upon) according to Al-Bukhari and Muslim Al-Nawawi said, “That they were both expensive indicates that cutting the hand is not applied to petty theft. Rather, it is specific to what is obviously valuable.” Source: Sharḥ al-Nawawī ‘alá Ṣaḥīḥ Muslim 1685