Chapter on the Amputation for Theft
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The Shaykh : Then the author (may Allah have mercy on him) said: "Chapter on the Amputation for Theft" Is theft forbidden or permissible?
The questioner : It is a major sin.
The Shaykh : It is a major sin among the major sins, because every disobedience for which the Lawgiver has prescribed a fixed punishment is among the major sins. However, the author did not address its ruling, meaning he did not state that it is forbidden, because it is known to be so. It is forbidden in the Book, the Sunnah, and by scholarly consensus. As for the Book, it is evident from its evidence, the statement of Allah the Exalted:[Al-Baqarah 2:188] And the one who steals, is he consuming wealth unjustly or rightfully?
The questioner : Unjustly.
The Shaykh : But if he says, "This is my colleague and my friend, and I found... a fifty-riyal bill, and I am next to him... and he does not know," what is your opinion? Is it forbidden or not forbidden?
The questioner : Forbidden.
The Shaykh : It is forbidden, because this is consuming wealth unjustly. Another evidence from the Book is the imposition of the fixed punishment on the thief. As for the Sunnah, the Prophet (peace and blessings be upon him) said:Jami` at-Tirmidhi 2625Sahih (Darussalam) And he (peace and blessings be upon him) said during the Farewell Pilgrimage while addressing the people: Riyad as-Salihin 1524 As for scholarly consensus, it is known that theft is forbidden. However, we need to know the definition of theft. Theft is taking wealth secretly from its owner or his representative. Note: "Taking wealth secretly from its owner or his representative." By saying "taking wealth," we exclude taking what is not wealth, such as if a person steals a ring. What is the ruling? His hand is not amputated, and it is not called theft in the Shari'ah, because this ring does not have the sanctity of a forbidden item. Therefore, if someone destroys it, he is not liable for compensation. Similarly, if someone steals wine, if a person steals it, this is not theft in the Shari'ah. Why? Because it is not wealth. Wealth is a permissible item whose benefit is lawful, whereas this is a forbidden item. "Secretly" excludes what is done openly. So if someone takes money from a person openly, either by force or by taking it from in front of him and walking away, this is not theft. Yes, it is not theft. And his statement: "from its owner or his representative" includes in "or his representative" the borrower, the lessee, the one entrusted with a deposit, the guardian, and anyone who has the wealth of another in his possession by permission of the Shari'ah or by permission of the owner's representative. This is the representative of the owner. The representative of the owner is anyone who has the property of another in his possession by permission of the Shari'ah or by permission of the owner. This excludes what is stolen from someone who is neither the owner nor his representative, such as if one steals something that was usurped from a usurper. This is not theft, because it does not have sanctity with the usurper. So if you know that this man usurped money from this person, and then you steal the money, that is not theft, because it is not from the owner or the owner's representative. But we do not say this to establish the false principle held by the common people: "The thief from the thief is like the heir from his father" Yes, among the common people, this is a false principle: "The thief from the thief is like the heir from his father." Is the heir from his father lawful? Is his inheritance lawful?
The questioner : It is lawful.
The Shaykh : And the thief from the thief?
The questioner : Forbidden.
The Shaykh : It is forbidden. But they consider it lawful, saying, "This thief... has no obligation." Yes, this is a mistake. It is not considered theft in the Shari'ah, but there is liability for compensation and there is sin. That is, we do not say that it is permissible for a person to take the wealth of another from whoever has it, without Shari'ah permission or permission from the owner. It is forbidden for him, but he is not considered a thief, because theft entails rulings, as will come, if Allah wills. The definition of theft now: "Taking wealth secretly from its owner or his representative" This is theft in the Shari'ah.
The questioner : It is a major sin.
The Shaykh : It is a major sin among the major sins, because every disobedience for which the Lawgiver has prescribed a fixed punishment is among the major sins. However, the author did not address its ruling, meaning he did not state that it is forbidden, because it is known to be so. It is forbidden in the Book, the Sunnah, and by scholarly consensus. As for the Book, it is evident from its evidence, the statement of Allah the Exalted:
And do not consume one another's wealth unjustly
ولا تأكلوا أموالكم بينكم بالباطلThe questioner : Unjustly.
The Shaykh : But if he says, "This is my colleague and my friend, and I found... a fifty-riyal bill, and I am next to him... and he does not know," what is your opinion? Is it forbidden or not forbidden?
The questioner : Forbidden.
The Shaykh : It is forbidden, because this is consuming wealth unjustly. Another evidence from the Book is the imposition of the fixed punishment on the thief. As for the Sunnah, the Prophet (peace and blessings be upon him) said:
The adulterer is not a believer while he is committing adultery, and the thief is not a believer while he is stealing
لا يزني الزاني حين يزني وهو مؤمن ولا يسرق السارق حين يسرق وهو مؤمنVerily your blood, your property and your honour are as sacred and inviolable as the sanctity of this day of yours, in this month of yours and in this town of yours
إن دماءكم وأموالكم وأعراضكم حرام عليكم كحرمة يومكم هذا في شهركم هذا في بلدكم هذاThe questioner : It is lawful.
The Shaykh : And the thief from the thief?
The questioner : Forbidden.
The Shaykh : It is forbidden. But they consider it lawful, saying, "This thief... has no obligation." Yes, this is a mistake. It is not considered theft in the Shari'ah, but there is liability for compensation and there is sin. That is, we do not say that it is permissible for a person to take the wealth of another from whoever has it, without Shari'ah permission or permission from the owner. It is forbidden for him, but he is not considered a thief, because theft entails rulings, as will come, if Allah wills. The definition of theft now: "Taking wealth secretly from its owner or his representative" This is theft in the Shari'ah.