Issue 6 – Hadeeth & Fiqh – The Punishment for Stealing 3 or More Dirhams – The Hanafee Fiqh & Madhab Opposing The Hadeeth – Allaamah Imaam Badee ud deen Shaah Raashidee Sindhee

A Treatise of Allaamah Imaam Badee ud deen Shaah Raashidee Sindhee

Courteousy and request of Abu Zahra (aka Faqir) al-Hanafee & Abul Hasan Hussain Ahmad al-Hanafee

Issue Six

Hadeeth

Ai’shah (Allaah be pleased with her) said The Prophet said, “The hand should be cut off for stealing something that is worth a quarter of a Dinar (approx 3 dirhams) or more.” (Saheeh al-Bukhaari 2/1003-1004 no.6790, Saheeh Muslim 2/63 no.4400)

Hanafee Fiqh

“When a sane adolescent steals 10 dirhams or more or if he steals something that is worth 10 dirhams then it is obligatory to cut off his hand.”  (Hidaayah Awalain 2/537)

(TN – meaning the criteria for cutting the hand is 10 or more dirhams and so if someone was to steal 9, 8, 7, 6, 5, 4, 3, 2 or 1  dirham (or something worth these amounts)  there is no punishment according to the hanafee madhab hence his hands will not be cut off where as according to the Sunnah and Hadeeth the hand must be cut for stealing 3 more dirhams.