"And that it be taken out of the secure place; if it is stolen from a place that is not secure, there is no amputation"
Machine translationRead the Arabic original
The Shaykh : Then he said "And that it be taken out of the secure place". The correct phrasing is "and that it be from a secure place," because the act of taking it out was mentioned previously. "And that it be from a secure place" means that a condition for the obligation of amputation is that the theft be from a secure place. A secure place means what is used to protect and preserve wealth. This secure place, the author says, "if it is stolen from a place that is not secure, there is no amputation". If the thief steals the property from a place that is not secure, he is not amputated. What is the evidence for this, given that the verse is general? The evidence is what the Prophet (peace and blessings be upon him) said regarding fruit . This is how the hadith came from the Prophet (peace and blessings be upon him). This is because before the fruit is placed in the drying area, it is not in a secure place. Once it is placed in the drying area and preserved there, and I think you know what a drying area is?
The questioner : No.
The Shaykh : The drying area is where dates are gathered to dry.
The questioner : ... .
The Shaykh : It is called ... by some people.
The questioner : We call it the jareen.
The Shaykh : Jareen and jareen are diminutives.
The questioner : The majraan.
The Shaykh : The majraan, well, in any case, it is also called a marbad and a baydar. The important thing is that it is the place where dates are gathered to dry. This is the drying area. So if it is stolen from a place that is not secure, there is no amputation, based on this hadith. Thus, the hadith specifies the generality of the verse[Al-Ma'idah 5:38].
If it is stolen before it is placed in the drying area, its value is reduced for him, and there is no amputation
إذا سرق قبل أن يؤويه الجرين فإنه تضعف عليه القيمة ولا قطعThe questioner : No.
The Shaykh : The drying area is where dates are gathered to dry.
The questioner : ... .
The Shaykh : It is called ... by some people.
The questioner : We call it the jareen.
The Shaykh : Jareen and jareen are diminutives.
The questioner : The majraan.
The Shaykh : The majraan, well, in any case, it is also called a marbad and a baydar. The important thing is that it is the place where dates are gathered to dry. This is the drying area. So if it is stolen from a place that is not secure, there is no amputation, based on this hadith. Thus, the hadith specifies the generality of the verse