If a man enters a house, takes a box of money, throws it outside, and then takes it, is this considered a secure place?
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The questioner : A man entered a house and found money in a box, so he took the box, threw it out the window, went out the door, and took it?
The Shaykh : Huh?
The questioner : He threw it out the window, went out the door, and it came to him; he found it in the street... and he took it and left.
The Shaykh : Yes, did you understand his question? He says this man found money in a box in the house and entered it intending to steal it, but he threw it out the window so he could go out and take it, so Allah arranged for another man to take it.
The questioner : No, it is the same person.
The Shaykh : Ah, it is the same person. There is no doubt that he...
The questioner : ...in the street...
The Shaykh : Yes, but he took it out of the secure place, whether he took it out carrying it or threw it out the window. No, I thought another person took it. If another person took it, he owes nothing.
The questioner : Is the second person’s hand cut off?
The Shaykh : No, his hand is not cut off, because he did not take it; he is only liable for compensation.
If they conspired, they are like one person. If there was a conspiracy, then the act of one is the act of all.
The Shaykh : Huh?
The questioner : He threw it out the window, went out the door, and it came to him; he found it in the street... and he took it and left.
The Shaykh : Yes, did you understand his question? He says this man found money in a box in the house and entered it intending to steal it, but he threw it out the window so he could go out and take it, so Allah arranged for another man to take it.
The questioner : No, it is the same person.
The Shaykh : Ah, it is the same person. There is no doubt that he...
The questioner : ...in the street...
The Shaykh : Yes, but he took it out of the secure place, whether he took it out carrying it or threw it out the window. No, I thought another person took it. If another person took it, he owes nothing.
The questioner : Is the second person’s hand cut off?
The Shaykh : No, his hand is not cut off, because he did not take it; he is only liable for compensation.
If they conspired, they are like one person. If there was a conspiracy, then the act of one is the act of all.