The application of the hadd punishment for theft to one who has stolen repeatedly
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if a person steals a second, third, and fourth time, and his right hand was cut off the first time, how is the hadd applied to him?
The Shaykh:
His right hand is cut off the first time, his left hand is cut off the second time, his right leg is cut off the third time, and he is imprisoned the fourth time. This is because if the fourth limb were his left leg, he would have nothing to walk on, so he is imprisoned. Some scholars hold that he should be killed; some hold that he should be killed the fourth time. This is the choice of Shaykh al-Islam Ibn Taymiyyah, because this person has the ruling of the aggressor (sa'il) who is not deterred by the hadd punishments. He has the ruling of the aggressor, so he is killed. It is like a drinker of khamr (intoxicants) if it happens to him four times. The view of Shaykh al-Islam Ibn Taymiyyah is that he is killed, and there is also a hadith:.
The questioner:
And other such matters
The Shaykh:
This returns to the ijtihad (independent legal reasoning) of the ruler, and he sees what is in the public interest. Yes.
Honorable Shaykh, if a person steals a second, third, and fourth time, and his right hand was cut off the first time, how is the hadd applied to him?
The Shaykh:
His right hand is cut off the first time, his left hand is cut off the second time, his right leg is cut off the third time, and he is imprisoned the fourth time. This is because if the fourth limb were his left leg, he would have nothing to walk on, so he is imprisoned. Some scholars hold that he should be killed; some hold that he should be killed the fourth time. This is the choice of Shaykh al-Islam Ibn Taymiyyah, because this person has the ruling of the aggressor (sa'il) who is not deterred by the hadd punishments. He has the ruling of the aggressor, so he is killed. It is like a drinker of khamr (intoxicants) if it happens to him four times. The view of Shaykh al-Islam Ibn Taymiyyah is that he is killed, and there is also a hadith:
If he drinks the fourth time, kill him
إذا شرب الرابعة فاقتلوهThe questioner:
And other such matters
The Shaykh:
This returns to the ijtihad (independent legal reasoning) of the ruler, and he sees what is in the public interest. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 80 من 89|شرح العدة في شرح العمدة|كتاب الديات|باب كفارة القتل|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:09:04)
The Arabic text is a machine transcription of the audio recording.