"If the one subject to the hadd takes the nisab from the storehouse of its like from the property of one who is protected, in which he has no doubt, in a manner of concealment, he is to be amputated"
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The Shaykh : The author said "If the one subject to the hadd takes the nisab from the storehouse of its like from the property of one who is protected, in which he has no doubt, in a manner of concealment, he is to be amputated" Pay attention to the conditions, as "if" is conditional, the condition is his taking, and the response is amputation. So, everything after the conditional particle is a condition. First, if the one subject to the hadd takes... from the one subject to the hadd? There are two types of "one subject to the hadd," and only two. There are four types of "one who is protected": two are the Muslim and the dhimmi. Now, the author did not mention "adult and sane" here; these are in the general conditions, as is the "one subject to the hadd" in the general conditions. The condition for establishing the huddud is that the person be subject to the hadd, but the author omitted this for brevity, not for restriction. Do you know the difference between brevity and restriction? Brevity is reducing the wording while conveying the meaning, where the few words cover the entire meaning. Restriction is omitting some matters, and the remaining words fill the place of the meaning... Now, the one subject to the hadd takes the nisab. The nisab here is not the nisab in the chapter of zakah. The nisab here is a quarter of a dinar, or according to the school of thought, three dirhams of Islamic currency, or goods whose value is like one of them. So, the nisab is a quarter of a dinar, or three dirhams, or goods whose value is like one of them. If the one subject to the hadd takes this amount, he has taken the nisab. "From the storehouse of its like" "Storehouse" means preservation, so "stored" means preserved. The meaning of "from the storehouse of its like" is from a place where this property is kept. This is the meaning of "from the storehouse of its like": from a place where this property is kept. This differs, as will come if Allah wills, in the fifth condition, I think. "The storehouse of the property" is what is customary to keep it in... The storehouse of the property is what is customary to keep it in. For example, wood and iron are customarily kept in warehouses in any place. Even now, in construction, how do they place the iron and wood in the streets and consider them stored? Gold, silver, diamonds, pearls, and the like are in boxes. Yes... in boxes. If a man came and found a wooden box containing pounds on the threshold of a shop at one o'clock in the night, and this wooden box... the lock, and he took the pounds and the gold inside, is this theft? This is not stored, and he is not to be amputated for it. The author said "From the property of one who is protected" From the property of one who is protected. It has been established for us that property is what is a permissible object of benefit, so this excludes what is not property. And "one who is protected" comes from "protected"?
The questioner : Four.
The Shaykh : The Muslim, the dhimmi, the one with a treaty, and the one granted safe conduct. This is to exclude what if he took it from the property of one who is not protected, such as a harbi (enemy combatant) with whom we are at war. There is no sanctity to his property with us; we may take it by any means. "In which he has no doubt" means the taker has no doubt in it, meaning in the property, that it is not from the property of his son, or his father, or his wife, or the like, from those whom it is customary for him to take from their property. "In a manner of concealment" This excludes what is done openly, for he is not to be amputated even if he takes a large amount. This phrase organizes most of the conditions for amputation in theft. First: among the conditions is that he be subject to the hadd. Second: that what is taken be the nisab. Third: that it be stored in a place customary for its like.
Fourth: that it be from property. Fifth: that it be from the property of one who is protected. Sixth: that he have no doubt in it.
Seventh: in a manner of concealment. That is, the one who conceals these phrases, as if he had concealed most of the conditions.
The questioner : Four.
The Shaykh : The Muslim, the dhimmi, the one with a treaty, and the one granted safe conduct. This is to exclude what if he took it from the property of one who is not protected, such as a harbi (enemy combatant) with whom we are at war. There is no sanctity to his property with us; we may take it by any means. "In which he has no doubt" means the taker has no doubt in it, meaning in the property, that it is not from the property of his son, or his father, or his wife, or the like, from those whom it is customary for him to take from their property. "In a manner of concealment" This excludes what is done openly, for he is not to be amputated even if he takes a large amount. This phrase organizes most of the conditions for amputation in theft. First: among the conditions is that he be subject to the hadd. Second: that what is taken be the nisab. Third: that it be stored in a place customary for its like.
Fourth: that it be from property. Fifth: that it be from the property of one who is protected. Sixth: that he have no doubt in it.
Seventh: in a manner of concealment. That is, the one who conceals these phrases, as if he had concealed most of the conditions.