"And the hand is cut off of the pickpocket who picks a pocket or something else and takes from it"
Machine translationRead the Arabic original
The Shaykh :"And the hand is cut off of the pickpocket" "The hand is cut off of the pickpocket" is a passive construction. Who is the one who carries out the cutting of his hand?
The questioner : The imam.
The Shaykh : The Imam or his deputy, as mentioned previously in the book on hudud (fixed punishments). And who is the pickpocket? He is one who does "tarr" (picking), which is cutting. That is why it says "who picks a pocket or something else and takes from it." Picking is not a condition; the important thing is that if a person has in his pocket—do you know what a pocket is? A pocket is the small pouches that are in the chest, this pocket, because it is in the pocket. So this is a pickpocket who picks a pocket, meaning he cuts it with small cuts and takes from it, or he cuts it and the coins fall out and he takes them from the ground. This is called "tarr" (picking) by the scholars because he stole from a secure place. People put their coins in their pockets and pouches, or for example, someone sits next to you and puts his hand in and takes. His hand is cut off because he stole from a secure place. The author specified this because some scholars say, "There is no cutting in this case because it is possible to guard against it by being awake. The norm is that if a person is awake and alert, the norm is that no one steals from him." But the correct view is what the author held, because no matter how awake a person is, he must have moments of negligence. Often, for example, in a crowded place, you are holding your pouch in your hand and guarding it, and one day you are distracted and forget. It is possible that someone pushes in very hard and takes it. The thieves have tricks; one person pushes you and the second steals from you and puts his hand in. This happened to someone I know, at the airline office... he wanted to hand over his ticket and take the card for entering the plane. There were two of them; one was pushing him, and he had coins in his pouch, more than a thousand. One was pushing him and pressing him, and he, may Allah have mercy on him, did not know. He thought they wanted to take a card like his. When it was over, he looked at the coins and there was nothing left; he saw they had been taken. They have tricks. If we said that people like these are not to be cut off, it would mean we opened a door of evil to people. The correct view is that he is to be cut off. And the author's statement, "or something else" means other than the pocket, such as the pouches on the side. Which is more secure, the pocket or the side?
The questioner : The pocket.
The Shaykh : The pocket. Why? Because this is in the chest and one is aware of it, whereas this is on the side. Often, in a crowd, on the side, a person takes the pouch and you do not feel it at all, unlike the pocket. He said, "And it is a condition..."
The questioner : The protruding pouch.
The Shaykh : Now, regarding the protruding pouches, do you consider them a secure place? This pocket and the one on the neck, which is called a collar. I do not know if it is a secure place or not?
The questioner : ... .
The Shaykh : Like the visible pens, these are not actually secured because it is easy to take them and they do not show anything at all. Or likewise, coins that are exposed. I do not know if these are a secure place or not? Perhaps if they are in a small, low place and the coins do not show, they might be a secure place.
The questioner : The imam.
The Shaykh : The Imam or his deputy, as mentioned previously in the book on hudud (fixed punishments). And who is the pickpocket? He is one who does "tarr" (picking), which is cutting. That is why it says "who picks a pocket or something else and takes from it." Picking is not a condition; the important thing is that if a person has in his pocket—do you know what a pocket is? A pocket is the small pouches that are in the chest, this pocket, because it is in the pocket. So this is a pickpocket who picks a pocket, meaning he cuts it with small cuts and takes from it, or he cuts it and the coins fall out and he takes them from the ground. This is called "tarr" (picking) by the scholars because he stole from a secure place. People put their coins in their pockets and pouches, or for example, someone sits next to you and puts his hand in and takes. His hand is cut off because he stole from a secure place. The author specified this because some scholars say, "There is no cutting in this case because it is possible to guard against it by being awake. The norm is that if a person is awake and alert, the norm is that no one steals from him." But the correct view is what the author held, because no matter how awake a person is, he must have moments of negligence. Often, for example, in a crowded place, you are holding your pouch in your hand and guarding it, and one day you are distracted and forget. It is possible that someone pushes in very hard and takes it. The thieves have tricks; one person pushes you and the second steals from you and puts his hand in. This happened to someone I know, at the airline office... he wanted to hand over his ticket and take the card for entering the plane. There were two of them; one was pushing him, and he had coins in his pouch, more than a thousand. One was pushing him and pressing him, and he, may Allah have mercy on him, did not know. He thought they wanted to take a card like his. When it was over, he looked at the coins and there was nothing left; he saw they had been taken. They have tricks. If we said that people like these are not to be cut off, it would mean we opened a door of evil to people. The correct view is that he is to be cut off. And the author's statement, "or something else" means other than the pocket, such as the pouches on the side. Which is more secure, the pocket or the side?
The questioner : The pocket.
The Shaykh : The pocket. Why? Because this is in the chest and one is aware of it, whereas this is on the side. Often, in a crowd, on the side, a person takes the pouch and you do not feel it at all, unlike the pocket. He said, "And it is a condition..."
The questioner : The protruding pouch.
The Shaykh : Now, regarding the protruding pouches, do you consider them a secure place? This pocket and the one on the neck, which is called a collar. I do not know if it is a secure place or not?
The questioner : ... .
The Shaykh : Like the visible pens, these are not actually secured because it is easy to take them and they do not show anything at all. Or likewise, coins that are exposed. I do not know if these are a secure place or not? Perhaps if they are in a small, low place and the coins do not show, they might be a secure place.