Chapter on the Legal Punishment for Theft

In the narration of Al-Sakuni from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, that he said: "The hand of a thief is not to be cut off during a year of drought."

In the narration of Ghiyath ibn Ibrahim from Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, it is reported: "Imam Ali ibn Abi Talib عليه السلام was presented in Kufa with a man who had stolen a pigeon, but he did not cut off his hand and said: 'I do not cut off (a hand) for stealing birds.'"

Sa'd ibn Tarif narrated from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "Imam Ali ibn Abi Talib عليه السلام ordered the cutting off of a hand for stealing an iron helmet and for a shield that weighed thirty-eight ratl (a unit of weight)."

Hammad narrated from Al-Halabi from Abu Abdullah عليه السلام regarding a man who went to another man and said: "So-and-so sent me to you to collect such-and-such," and the man gave it to him, believing him. Later, he met the original person and said: "Your messenger came to me, and I sent with him such-and-such," but the man replied: "I did not send him to you, nor did anyone bring me anything." The supposed messenger then claimed that he had indeed been sent and had delivered the item to him. Imam عليه السلام said: "If proof is established against him that he was never sent, his hand is to be cut off. But if there is no proof, the man must swear by Allah سبحانه وتعالى that he did not send him, and the other must recover his money from the messenger." I asked: "What if he claims that necessity compelled him to do so?" Imam عليه السلام replied: "His hand is to be cut off because he has stolen the man's wealth."

It is narrated from one of the two Imams عليه السلام that Imam عليه السلام said: "The hand of a thief is not to be cut off until he confesses to the theft twice. If he retracts his confession, he must compensate for what he stole, but his hand will not be cut off if there are no witnesses against him."

In the narration of Al-Sakuni, Imam Ali ibn Abi Talib عليه السلام said: "Every place that can be entered without permission, and a thief steals from it, there is no cutting off of the hand."

Al-Alaa narrated from Muhammad ibn Muslim from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: I asked Imam عليه السلام about a child who steals. Imam عليه السلام said: "If he is seven years old or younger, the punishment is lifted from him. But if he repeats the act after the age of seven, his fingertip is to be cut off or scraped until it bleeds. If he repeats it again, a part below his fingertip is to be cut off. If he steals again after that and has reached nine years of age, his hand is to be cut off. None of the prescribed punishments of Allah سبحانه وتعالى, the Mighty and Majestic, are to be neglected."

A man came to Commander of the Faithful عليه السلام and confessed to theft. Commander of the Faithful عليه السلام asked him: "Do you recite anything from the Book of Allah سبحانه وتعالى, the Mighty and Majestic?" The man replied: "Yes, Surah Al-Baqarah." Imam عليه السلام said: "I have pardoned your hand for the sake of Surah Al-Baqarah." Al-Ashath objected, saying: "Are you suspending one of the punishments prescribed by Allah سبحانه وتعالى, the Exalted?" Commander of the Faithful عليه السلام replied: "And what do you know about this matter? When evidence is established, the Imam has no authority to pardon, but when a man confesses against himself, then it is up to the Imam - if he wishes, he may pardon, and if he wishes, he may order the cutting."

In the narration of Al-Sakuni, the Messenger of Allah سبحانه وتعالى (peace be upon him and his family) said: "There is no cutting (of the hand) for stealing fruit or kathar." And kathar refers to the inner core of palm trees (Al-jummar).

Muhammad ibn Qays narrated from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "Commander of the Faithful عليه السلام ruled in the case of a group of people who slaughtered a camel and ate it. They were investigated to determine who among them had slaughtered it, and they all testified against themselves that they had collectively slaughtered it without specifying any individual over another. So, Imam عليه السلام ruled that their right hands be cut off."

Yunus narrated from Abdullah ibn Sinan from Abu Abdullah عليه السلام who said: I asked Imam عليه السلام about a man who stole from the war spoils an amount that would normally require his hand to be cut off. Imam عليه السلام said: "It should be examined how much his rightful share is. If what he took was less than his portion, he is to be disciplined (ta'zir) and given the remainder of his share. If he took exactly what was due to him, then there is nothing upon him. But if he took more than his share equal to the value of a shield, which is a quarter of a dinar, then his hand is to be cut off."

Musa ibn Bakr narrated from Zurarah from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: I asked Imam عليه السلام about a man who rented a donkey and went to cloth merchants, bought a garment from them, and left the donkey with them. Imam عليه السلام said: "The donkey should be returned to its owner, and the one who took the garment should be pursued. However, there is no cutting (of the hand) upon him because this is an act of betrayal, not theft."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "When a man committed theft for the first time, Commander of the Faithful عليه السلام would cut off his right hand. If he repeated the theft, he would cut off his left foot. If he stole a third time, he would imprison him for life and provide for him from the public treasury."

It has been narrated: "If he steals while in prison, he is to be executed."

Abu Abdullah عليه السلام was asked about the minimum amount for which a thief's hand is to be cut off. Imam عليه السلام said: "A quarter of a dinar."

In another narration, it is reported: "One-fifth of a dinar."

Al-Hasan ibn Mahbub narrated from Ali ibn Ri'ab from Zurarah from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام regarding a man who stole, and his right hand was cut off. Then he stole again, and his left foot was cut off. Then he stole a third time. Imam عليه السلام said: "Commander of the Faithful عليه السلام would imprison him for life and would say, 'I feel ashamed before my Lord عز وجل to leave him without a hand to clean himself with and without a foot to walk with to fulfill his needs.'" Imam Al-Baqir عليه السلام added: "When Imam Ali ibn Abi Talib عليه السلام would cut off the hand, he would cut it below the wrist joint, and when he would cut off the foot, he would cut it from the ankle." Imam Al-Baqir عليه السلام also stated: "Imam Ali ibn Abi Talib عليه السلام did not believe that any of the prescribed punishments should be pardoned."

Al-Hasan ibn Mahbub narrated from Ali ibn Al-Hasan ibn Ribat from Ibn Muskan from Al-Halabi from Abu Abdullah عليه السلام who said: "When the legal punishment is carried out on a thief, he is to be exiled to another town. If a man steals and is not caught until he steals again and is then apprehended, and evidence is brought against him, with witnesses testifying to both the first and the most recent theft, his hand is to be cut off for the first theft, but his foot is not to be cut off for the second theft. This is because the witnesses testified to both thefts at the same time before his hand was cut off for the first theft. However, if the witnesses had testified regarding the first theft and his hand was cut off, and then later testified about the second theft, his left foot would be cut off."

Imam Ali ibn Abi Talib عليه السلام said: "There is no cutting (of the hand) for open and public theft, which is snatching (Al-khulsah), but I would discipline him (ta'zir). However, the one who steals and conceals what he takes is to have his hand cut off." There is no cutting (of the hand) for one who snatches clothing, nor is there cutting for a pickpocket (ṭarrar) if he steals from the outer garment. However, if he steals from the inner garment, then cutting is applied. There is also no cutting for a worker (ajir) or a guest (ḍayf) because they are entrusted. However, it has been narrated that if a guest hosts another guest who then steals, his hand is to be cut. If a paralyzed person (ashall) steals, his right hand is to be cut off regardless of whether it is paralyzed or healthy. If he steals again, his left foot is to be cut off. If he steals a third time, he is to be imprisoned for life, provided for from the public treasury of the Muslims, and restrained from harming people. This was narrated by Al-Hasan ibn Mahbub from Al-Alaa from Muhammad ibn Muslim from Zurarah from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام, and also by Al-Hasan ibn Mahbub from Abdullah ibn Sinan from Abu Abdullah عليه السلام. Additionally, there is no cutting for a slave if he steals from the property of his master because it is considered the wealth of the man himself, as if a part of him has stolen from another part.

"The grave robber (Al-nabbash), if he is known for doing that, is to have his hand cut off."

It has been narrated that Imam Ali ibn Abi Talib عليه السلام ordered the hand of a grave robber to be cut off. Imam عليه السلام was asked: "Do you cut off (the hand) for stealing from the dead?" Imam عليه السلام replied: "We cut for our dead just as we cut for our living."

It has been narrated that Commander of the Faithful عليه السلام was presented with a grave robber. Imam عليه السلام grabbed him by his hair, struck him against the ground, and then said: "Step on him, O' servants of Allah سبحانه وتعالى." So, the people trampled him until he died.

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام was asked about the saying of Allah سبحانه وتعالى, the Mighty and Majestic: "The punishment of those who wage war against Allah سبحانه وتعالى and His Messenger and strive to spread corruption on earth is that they be killed, or crucified, or have their hands and feet cut off from opposite sides, or be exiled from the land" (Surah Al-Ma'idah 5:33). Imam عليه السلام said: "If a person kills but does not engage in combat and does not take wealth, he is to be executed. If he engages in combat and kills, he is to be killed and crucified. If he engages in combat and takes wealth but does not kill, his hand and foot are to be cut off. And if he engages in combat but does not kill and does not take wealth, he is to be exiled."

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "The crucified person is to be taken down from the wooden structure after three days, washed, and buried. It is not permissible to keep him crucified for more than three days."

In the narration of Al-Sakuni from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, it is reported: "Indeed, Imam Ali ibn Abi Talib عليه السلام crucified a man in Al-Hirah for three days. Then on the fourth day, Imam عليه السلام took him down, prayed over him, and buried him."

Ali ibn Ri'ab narrated from Ḍurays from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "Whoever carries a weapon at night is considered a highway robber (muharib), unless he is a man who is not known for suspicion or wrongdoing."

Safwan ibn Yahya narrated from Talhah Al-Nahdi from Sawrah ibn Kulayb who said: I asked Abu Abdullah عليه السلام about a man who leaves his house intending to go to the mosque or fulfill a need and is met or confronted by another man who strikes him and takes his garment. Abu Abdullah عليه السلام asked: "What do the people in your region say about this?" I replied: "They say this is open aggression (dagharah muʿlanah), and that a highway robber (muharib) only exists in the lands of polytheists." Imam عليه السلام then asked: "Which is more sacred: the land of Islam or the land of polytheism?" I replied: "The land of Islam." Imam عليه السلام said: "These people fall under the ruling of this verse: 'The punishment of those who wage war against Allah سبحانه وتعالى and His Messenger'" (until the end of the verse). (Surah Al-Ma'idah 5:33)

It was narrated from Tarif ibn Sinan Al-Thawri who said: I asked Imam Jafar ibn Muhammad Al-Sadiq عليه السلام about a man who stole a free woman and sold her. Imam عليه السلام said: "There are four legal punishments in this case. The first is that since he stole, his hand is to be cut off. The second is that if he had intercourse with her, he is to be flogged with the legal punishment. The third is upon the one who bought her: if he had intercourse with her and knew her status, then if he was married (muhsan), he is to be stoned, and if he was unmarried (non-muhsan), he is to be flogged with the legal punishment. However, if he did not know (her status), then there is nothing upon him or upon her. The fourth is that if she was forced into it, there is no punishment upon her, but if she consented, she is to be flogged with the legal punishment."

Muhammad ibn Abdullah ibn Hilal narrated from his father from Abu Abdullah عليه السلام who said: I asked Imam عليه السلام: "Tell me why the right hand and the left foot of a thief are cut off, but not the right hand and the right foot?" Imam عليه السلام replied: "What a good question you have asked! If his right hand and right foot were cut off, he would fall onto his left side and would not be able to stand. But when his right hand and left foot are cut off, he remains balanced and can stand upright." I said: "May I be your ransom, how can he stand when his foot has been cut off?" Imam عليه السلام replied: "The cutting is not as you perceive it. The foot is cut off from the ankle, leaving part of the foot so that he can stand on it, perform prayer, and worship Allah سبحانه وتعالى, the Mighty and Majestic." I asked: "From where is the hand cut off?" Imam عليه السلام replied: "The four fingers are cut off, and the thumb is left for him so that he may lean on it during prayer and wash his face for prayer."

Ishaq ibn Ammar narrated from Abu Abdullah عليه السلام regarding a man who stole a cluster of dates from an orchard worth two dirhams. Imam عليه السلام said: "His hand is to be cut off for that."

Ali ibn Ri'ab narrated from Ḍurays Al-Kunasi from Abu Jafar Imam Muhammad ibn Ali Al-Baqir عليه السلام who said: "If a male slave confesses to theft once before the Imam, his hand is to be cut off. Likewise, if a female slave confesses to theft before the Imam, her hand is to be cut off."

Al-Hasan ibn Mahbub narrated from Abu Ayyub from Al-Fudayl ibn Yasar who said: I heard Abu Abdullah عليه السلام say: "If a slave confesses to theft, his hand is not to be cut off. However, if two witnesses testify against him, his hand is to be cut off."