Cutting the hand of the pickpocket and the grave robber, and the evidence for it
Machine translationRead the Arabic original
Question:
Honorable Shaykh, is the hand of the pickpocket and the grave robber cut off? And what is the evidence for that?
Answer:
As for the pickpocket, his hand is not cut off because he is a stealthy thief, as has passed to you, or a petty thief; his hand is not cut off. But this does not mean that he is left alone and that people's money is lost; rather, he is fined and given a discretionary punishment that deters him, as the one in authority sees fit. However, if he cuts open a pocket or a belt, as happens during Hajj or in the Haram, or at the stoning pillars, or during the tawaf, and he cuts open a person's belt or his pockets and takes what is in them, his hand is cut off, because he took it from a place of security, so his hand is cut off. As for the grave robber who walks among the graves and gives the shrouds to the fortune-tellers, this is an old matter that the scholars discussed, and they said: his hand is cut off, because the grave is a place of security, because the grave is a place of security for the shroud. So if he digs it up and takes the shroud, he has taken it from a place of security, and the shroud reaches the nisab, so his hand is cut off. Yes.
Honorable Shaykh, is the hand of the pickpocket and the grave robber cut off? And what is the evidence for that?
Answer:
As for the pickpocket, his hand is not cut off because he is a stealthy thief, as has passed to you, or a petty thief; his hand is not cut off. But this does not mean that he is left alone and that people's money is lost; rather, he is fined and given a discretionary punishment that deters him, as the one in authority sees fit. However, if he cuts open a pocket or a belt, as happens during Hajj or in the Haram, or at the stoning pillars, or during the tawaf, and he cuts open a person's belt or his pockets and takes what is in them, his hand is cut off, because he took it from a place of security, so his hand is cut off. As for the grave robber who walks among the graves and gives the shrouds to the fortune-tellers, this is an old matter that the scholars discussed, and they said: his hand is cut off, because the grave is a place of security, because the grave is a place of security for the shroud. So if he digs it up and takes the shroud, he has taken it from a place of security, and the shroud reaches the nisab, so his hand is cut off. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب حد السرقة — islamhouse.com (48:11)
The Arabic text is a machine transcription of the audio recording.
