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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Cutting the hand of the pickpocket and the grave robber, and the evidence for it

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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.
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.

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