سورة المائدة

Imam Sadiq (peace be upon him): Hammad ibn Isa narrates from one of the Shia that Imam Sadiq (peace be upon him) was asked about tayammum, and he recited this verse: وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعواْ أَیْدِیَهُمَا [And (as for) the man who steals and the woman who steals, cut off their hands], and he said: فاغْسِلُواْ وُجُوهَکُمْ وَأَیْدِیَکُمْ إِلَی الْمَرَافِقِ [Wash your faces and your hands up to the elbows]; and he said: 'Wipe over your two hands from the place of cutting.' And he said: وَما کانَ رَبُّکَ نَسِیًّا [And your Lord is not forgetful]. (Maryam/64)

Imam Ali (peace be upon him): When the hand of the thief is cut, the thumb and the palm of the hand are left for him. They said to him: 'O Amir al-Mu'minin (peace be upon him)! You have left the greater part of his hand?' He said: 'If he repents, then with what will he perform ablution? For Allah the Exalted says: وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعواْ أَیْدِیَهُمَا جَزَاء بِمَا کَسَبَا نَکَالاً مِّنَ الله وَالله عزِیزٌ حَکِیمٌ * فَمَن تَابَ مِن بَعدِ ظُلْمِهِ وَأَصْلَحَ فَإِنَّ الله یَتُوبُ علَیْهِ إِنَّ الله غَفُورٌ رَّحِیمٌ [And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah; and Allah is Mighty, Wise. But whoever repents after his wrongdoing and reforms, then indeed Allah will turn to him in mercy; indeed Allah is Forgiving, Merciful].'

Imam Sadiq (peace be upon him): Muhammad ibn Muslim said: I asked Imam Sadiq (peace be upon him): 'For how much stolen goods is the hand of the thief cut?' He said: 'For a quarter of a dinar.' I said: 'That is, for two dirhams?' He said: 'For a quarter of a dinar, whatever the value of the dinar may be.' Then I said: 'One who steals less than a quarter of a dinar — is he called a thief when he does this, and is he considered a thief before Allah?' He said: 'Whoever steals from a Muslim something which that person owns and has acquired, the name of thief applies to him, and he is counted as a thief before Allah; but the cutting of the hand is carried out only for a quarter of a dinar or more, and if the hand were cut for less than a quarter of a dinar, you would find all people with their hands cut off!'

Imam Sadiq (peace be upon him): Three legal rulings were carried out concerning Safwan ibn Umayya al-Jumahi, until the Imam said: "Safwan was asleep in the mosque of the Messenger of Allah (peace be upon him and his family), with his cloak placed under his head. He left the mosque to urinate, and when he returned his cloak had been stolen. He cried out, 'Who has taken my cloak?' He went out of the mosque searching for it and found the cloak in the hand of a man. He dragged the thief before the Prophet, and the Messenger of Allah (peace be upon him and his family) said, 'Cut off his hand.' Safwan said, 'O Messenger of Allah (peace be upon him and his family), shall this man's hand be cut off for the sake of my cloak? I have given the cloak to him as a gift.' He said, 'Why did you not give it as a gift before you brought him to me?' So the thief's hand was cut off."

Imam Rida (peace be upon him): Allah forbade theft because if theft were permitted, wealth would be destroyed and killing of people would take place. If people were to seize each other's wealth by force, killing, conflict, envy of one another and other things would arise which would cause people to abandon trades, industries and the accumulation of wealth — for if no one were more entitled than another to what they had gathered [such things would follow]. The cutting off of the thief's right hand is because he reaches for things with his right hand, and the right hand is the best of his limbs and the most beneficial to him; therefore Allah made the cutting off of the hand a punishment and a lesson for people, so that they would not seek to acquire wealth by other than lawful means, and also because most instances of theft are carried out with the right hand.

Imam Sadiq (peace be upon him): Abdullah ibn Hilal said: I asked Imam Sadiq (peace be upon him), "Explain to me why the fingers of the thief's right hand and his left foot are cut off, and not the fingers of the right hand and the right foot?" He said: "What a fine question you have asked. The answer is that if his right hand and right foot were cut off, the balance and equilibrium of his body would be disturbed, and he would inevitably fall to the ground on his left side and could not stand up. But if his right hand and left foot are cut off, he does not lose his balance and can stand upright." I asked, "May I be your ransom! How can he stand while his foot has been cut off?" He said: "It should not be cut where you have seen these people cut it; rather, it is cut at the raised part on top of the foot, which is called the ka'b, and the sole and heel of the foot remain, so that with it he can rise and stand on his foot, pray, and worship Allah." I said: "From where is the hand cut off?" He said: "The four fingers are cut off, and the thumb is left, so that with it he can lean during prayer and rise, and perform ablution with it and wash his face."

Imam Sadiq (peace be upon him): The right hand of the thief is cut off. Amir al-Mu'minin Ali (peace be upon him) used to recite: السَّارِقُ وَ السَّارِقَةُ فَاقْطَعُوا أَیْدِیَهُما [And (as for) the man who steals and the woman who steals, cut off their hands]. If the right or left hand is paralysed, the right hand is cut off in any case.

Imam Sadiq (peace be upon him): Halabi said: I asked Imam Sadiq (peace be upon him), "From where must [the hand] be cut?" He spread out his fingers and said: "From here — meaning from the joint of the palm."

Ali ibn Ibrahim (may Allah have mercy on him): The hand is cut from the middle of the palm, and the thumb is not cut; and when the foot is cut, the heel is left and is not cut.

Imam Ali (peace be upon him): [On the first offence of theft, the thief's hand] is cut off from the base of the fingers, and the thumb and the palm are left. On the second offence, his left foot is cut off from the base of the shin, and the back of the foot is left so that he can rely on it in prayer. If he steals after that, he is imprisoned for life. This ruling is well-known from Ali (peace be upon him), and the [Imami] sect has consensus upon it.

Imam Kazim (peace be upon him): The thief's hand is cut off in such a way that the thumb and the palm remain, and his foot is cut off in such a way that his heel is left so that he can walk upon it.

Imam Rida (peace be upon him): The servant keeps stealing until, when he has taken the full price of his hand, Allah exposes his hand.

Imam Baqir (peace be upon him): Zurara asked Imam Baqir (peace be upon him): "A man stole and his right hand was cut off, then he stole again and his left foot was also cut off, then he stole a third time?" He said: "Amir al-Mu'minin (peace be upon him) used to keep such a person in prison, and he would say: 'Indeed, I am ashamed before my Lord to leave him without a hand with which he can cleanse himself, and without a foot with which he can walk to attend to his needs.'" And he said: "When he cut off a thief's hand, he would cut it without reaching the joint, and when he cut off a thief's foot, he would cut it without cutting off the ankles, and he held the view that not a single detail of the hudud (prescribed punishments) should be forgotten."

Imam Sadiq (peace be upon him): When a thief is caught, his palm is cut off from the middle, and if he repeats it, his foot is cut off from the middle of the sole, and if he repeats it again, he is thrown into prison, and if he steals in the prison as well, he is killed.

Imam Ali (peace be upon him): Imam Sadiq (peace be upon him) narrates from his father, from Imam Ali (peace be upon him): A thief was brought to him and he cut off his hand. Then he was brought a second time and he cut off his left foot. Then he was brought a third time and he (peace be upon him) said: "Indeed, I feel shame before my Lord to leave him without a hand with which he eats, drinks and cleans himself, and without a foot with which he walks. So he flogged him and cast him into prison, and provided his sustenance from the Bayt al-Mal (public treasury)."

Imam Baqir (peace be upon him): The hand or foot of the thief is not cut off unless he confesses to the theft twice; and if he retracts his confession, the stolen property is his responsibility, and if there are no witnesses against him, his hand is not cut off.

Imam Jawad (peace be upon him): Mu'tasim asked Imam Jawad (peace be upon him): "From where should the thief's hand be cut?" He said: "It must be cut from the end of the fingers, and the palm of the hand should remain." He asked: "What is the proof of this?" The Imam (peace be upon him) said: "The proof of this is the statement of the Messenger of Allah (peace be upon him and his family), who said: 'Prostration is upon seven limbs: the face, the two hands, the two knees and the two feet.' Therefore, if his hand is cut off from the wrist or the elbow, no place remains for him upon which to prostrate. Likewise, Allah says: وَ أَنَّ الْمَساجِدَ لِلهِ [And the places of prostration are for Allah] (Al-Jinn/18) — meaning these seven limbs upon which he prostrates and which touch the ground are for Allah, فَلا تَدْعُوا مَعَ اللهِ أَحَداً [so do not call upon anyone along with Allah!] (Al-Jinn/18), and what belongs to Allah is not to be cut off."

Imam Baqir (peace be upon him): No one's hand or foot is cut off except one who breaks into a house or breaks a lock.