The Eleventh Deviation from the Sunnah: Cutting off the hand of a thief for a quarter of a dinar, based on the hadith: “There is no amputation except for a quarter of a dinar or more.”
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The Shaykh : He says: Eleven, cutting off the hand of a thief for a quarter of a dinar. This paragraph refers to the hadith: Muwatta Malik 41:37, Muwatta Malik 41:37. This hadith is one of the strongest authentic hadiths, yet the Hanafis did not act upon it, and this is one of their most peculiar peculiarities...
The questioner : ...It is not a problem for me.
The Shaykh : They did not act upon this hadith. Look, playing both sides, why? Because this hadith adds to the Qur'an. What does the Qur'an say? It did not specify.
The student: Peace be upon you.
The Shaykh: And upon you peace.
How does this hadith say “no”? Not every thief. This restricts the Qur'an. Look, now the problem is: if they had taken the verse in its absolute sense, they would have upheld their principle that it is not permissible to specify the Qur'an with a solitary hadith. But they rejected the authentic hadith on the claim that it contradicts the principle they established. I have clarified the matter up to this point so that you know the wonder of wonders. The verse: is absolute. We always bring the verse and others. How does the Messenger of Allah explain the Qur'an? If we took the verse as it is, , that would mean if someone steals an egg, his hand is cut off. But the Messenger of Allah said: Muwatta Malik 41:37. The Hanafis did not accept this. They derived from it a principle that it is not permissible to restrict, abrogate, or specify the Qur'an with a solitary hadith. If they had stopped there, we would say, “By Allah, the principle itself is wrong, as these examples indicate.” But in any case, they did not contradict themselves. Look at what they did: they said the hand of a thief is cut off for ten dirhams, and the hadith is weak. They acted upon the weak hadith and broke their own principle, specifying the verse with the weak hadith and rejecting the authentic hadith on the claim that it specifies or restricts the Qur'an. This is number eleven.
not to cut off the hand except for a quarter of a dinar and upwards
لا قطع إلا في ربع دينار فصاعدًاnot to cut off the hand except for a quarter of a dinar and upwards
لا قطع إلا في ربع دينار فصاعدًاThe questioner : ...It is not a problem for me.
The Shaykh : They did not act upon this hadith. Look, playing both sides, why? Because this hadith adds to the Qur'an. What does the Qur'an say?
And the thief, male and female,
وَالسَّارِقُ وَالسَّارِقَةُThe student: Peace be upon you.
The Shaykh: And upon you peace.
How does this hadith say “no”? Not every thief. This restricts the Qur'an. Look, now the problem is: if they had taken the verse in its absolute sense, they would have upheld their principle that it is not permissible to specify the Qur'an with a solitary hadith. But they rejected the authentic hadith on the claim that it contradicts the principle they established. I have clarified the matter up to this point so that you know the wonder of wonders. The verse:
And the thief
وَالسَّارِقُAnd the thief
وَالسَّارِقُnot to cut off the hand except for a quarter of a dinar and upwards
لا قطع إلا في ربع دينار فصاعدًا
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.