The Shepherd: Is Islam a condition for him? And regarding his confinement, considering that he generally watches over them, is not taking [the animals] by stealth?
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The questioner : The Shepherd: Is Islam a condition for him?
The Shaykh : No, no, it is not a condition.
The questioner : If the shepherd is generally watching over them, and he takes [the animals] either by speed and stealth, or by way of... If it is by speed and stealth, it is contrary [to the definition of theft] if it is an old man, and if it is by way of...
The Shaykh : No, no, if the shepherd is present, people, when they see a shepherd, respect him and consider this [the animals] to be secured.
The questioner : But it is not called theft.
The Shaykh : It is called theft. Suppose the shepherd is now occupied with relieving himself, or praying, or something similar, and a person comes and steals.
The questioner : This is taking by stealth.
The Shaykh : No, no, this is theft. They consider this theft, not taking by stealth, because this slight negligence is considered as if he is currently observing and watching.
The Shaykh : No, no, it is not a condition.
The questioner : If the shepherd is generally watching over them, and he takes [the animals] either by speed and stealth, or by way of... If it is by speed and stealth, it is contrary [to the definition of theft] if it is an old man, and if it is by way of...
The Shaykh : No, no, if the shepherd is present, people, when they see a shepherd, respect him and consider this [the animals] to be secured.
The questioner : But it is not called theft.
The Shaykh : It is called theft. Suppose the shepherd is now occupied with relieving himself, or praying, or something similar, and a person comes and steals.
The questioner : This is taking by stealth.
The Shaykh : No, no, this is theft. They consider this theft, not taking by stealth, because this slight negligence is considered as if he is currently observing and watching.