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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who takes what is in a car and has his hand cut off

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Question:
The Shaykh (may Allah have mercy on him) said: There was something inside the car, and the car was parked. The first thing that happened was that someone came and took it while it was with its owners. This matter was easy or light. What is the ruling on this issue? And if the benefit of this case is that one of the people confessed to you about what he took, and the first of that was from the ministry and joking, what is the ruling on his action?

Answer:
There is no doubt that his action is forbidden and not permissible, and he must return what he took. This is an aggression, an encroachment, and an injustice; he must return what he took. But the discussion is about cutting his hand: is his hand cut off or not? This requires consideration. Yes, if the car had a guard or its owner was with it, and he came and broke into it and took the money, this is considered theft, and the hand is cut off, because it is secured by the presence of the guard or the presence of its owner. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 85 من 89|شرح العدة في شرح العمدة|كتاب الحدود|باب حد السرقة|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:03:13)

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

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