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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Open theft and pickpocketing: the hadd of theft

Machine translationRead the Arabic original
The questioner:
Does the sword command require the conditions of theft?

The Shaykh:
If he takes it from a secure place, picking it from a secure place where theft occurs, the hadd applies. But if he takes it openly, taking it openly or snatching it from its owner, this is not theft; it is called usurpation. This is subject to discretionary punishment, and the money is recovered from him and returned to its owner. Yes.

The questioner:
Your presence is bad.

The Shaykh:
As for if he takes it from his pocket, if he takes it from his pocket or cuts open his bag, and that is a secure place, the hand is cut for it. Most pickpockets do this: they come to the tawaf or the sa'y, or to the crowds of people, and they cut open their pockets or take what they have with them in their bags. They do it secretly and in a cunning, deceitful way, pulling out what is inside. There is no doubt that the hand is cut for this; this is clear theft. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 84 من 89|شرح العدة في شرح العمدة|كتاب الحدود|باب حد المسكر|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:02)

The Arabic text is a machine transcription of the audio recording.

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