The People of the Zahir Who Do Not Condition the Nisab in Amputation: What Is Their Evidence?
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The questioner : The People of the Zahir who do not condition the nisab cite the saying of Allah the Exalted: [Al-Ma'idah 5:38] and they cite the hadith: Sunan Ibn Majah 2583Sahih (Darussalam) How do they respond to the hadith of 'A'ishah (may Allah be pleased with her)?
The Shaykh : They have no way to refute it unless they say that the general wording of the Qur'an takes precedence over ahad reports, otherwise the hadith is explicit.
The questioner : They also do not condition the presence of a secure storage place. How do they respond to this hadith?
The Shaykh : They have no valid refutation; it is a disagreement among scholars that has no basis. They simply took the general wording.
[As for] the thief, the male and the female, amputate their hands
والسارق والسارقة فاقطعوا أيديهماMay Allah curse the thief! He steals an egg and his hand is cut off, and he steals a rope and his hand is cut off
لعن الله السارق يسرق البيضة فتقطع يده ويسرق الحبل وتقطع يدهThe Shaykh : They have no way to refute it unless they say that the general wording of the Qur'an takes precedence over ahad reports, otherwise the hadith is explicit.
The questioner : They also do not condition the presence of a secure storage place. How do they respond to this hadith?
The Shaykh : They have no valid refutation; it is a disagreement among scholars that has no basis. They simply took the general wording.