"And if the cutting is obligatory, his right hand is cut off at the joint of the palm and cauterized"
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The Shaykh :"If it is obligatory" means if it is established. It is also possible that the meaning is if it is obligatory by the Shari'ah, because cutting off the hand of the thief is obligatory, as Allah the Exalted said: [Al-Ma'idah 5:38] And so it is with all the hudud (fixed punishments); they must be carried out against everyone, whether noble or lowly, rich or poor. So the word "obligatory" can mean either the Shari'ah obligation or the linguistic obligation. The linguistic obligation means it is established, and the Shari'ah obligation means it is binding.
He says: "If the cutting is obligatory", and that is after the completion of the conditions. How many are the previous conditions? Six conditions, in addition to the general conditions for carrying out the hudud.
"His right hand is cut off", by the saying of Allah the Exalted:[Al-Ma'idah 5:38] And this generalization was explained by the second recitation: And the Sunnah also explained that, so the right hand is cut off. He said: "At the joint of the elbow", is that what you have?
The questioner : ... .
The Shaykh : Yes, I have "elbow" in my copy, and it appears that the correct one is "palm." "At the joint of the palm" means below the forearm. And it is obligatory to cut it from here, not up to the elbow, because Allah (Glorified and Exalted is He) was general and did not specify. And the hand, when used generally, is understood to mean the palm, as evidenced by the saying of Allah the Exalted in the verse of tayammum (dry ablution):[Al-Ma'idah 5:6] And it is established from the Prophet (peace and blessings be upon him) that tayammum is specific to the palm. And on this basis, the hands mentioned in the verse mean up to the palm only.
He said: "At the joint of the palm". The method for this is that a strong man is brought, and his hand is tied with a rope and pressed firmly until the joint becomes clear, because the joint is interlocking, so the palm must be separated from the forearm until it is cut at the joint. Because if it were cut with the... like this, they are interlocking, so it must be pressed hard until the joint becomes clear. He said: "And it is cauterized". Cauterization in language means cutting, and the intended meaning here is stopping the blood, i.e., cutting it off. This is done by boiling oil or fat or something similar, and then the wound is dipped in it while it is boiling. When it is dipped in it while boiling, the mouths of the veins are sealed. And it is obligatory to cauterize it because if it were left, the blood would flow and he would die. And the hudud is not intended to cause death or destruction; rather, it is intended to discipline him. The evidence for this, the evidence for the obligation of cutting, is the saying of Allah the Exalted:[Al-Ma'idah 5:38] And the evidence that it is specific to the right hand is the recitation of Ibn Mas'ud: And the evidence that it is at the joint of the palm is that Allah was general and said: and did not specify it as the elbows. And the hand, when used generally, means the palm, as evidenced by which verse?
The questioner : The verse of tayammum.
The Shaykh : Tayammum. And it is obligatory to cauterize it to prevent destruction, because preventing destruction is an obligatory matter, since what is necessary for the completion of an obligatory act is itself obligatory. And the wisdom of cutting it, rather than other limbs, is that since the hand is the tool for taking in most cases, the cutting is specific to it. And for this reason, it is specific to the right hand rather than the left, because it is the one used for taking in most cases. Now, if the man is left-handed, is the right hand cut off, or the left?
The questioner : ... .
The Shaykh : The right hand is cut off in all cases, even if it is assumed that he is left-handed and does not work except with the left hand. And what is he called in the language of Rashid?
The questioner : Did you hear?
The Shaykh : And what is he called?
The questioner : ... .
The Shaykh : Is that what I said?
The questioner : The left-handed one.
The Shaykh : And what is he called by the common people?
The questioner : ... .
The Shaykh : Huh? The most severe of the severe ones? Do you see?
The questioner : ... .
The Shaykh : Yes, with a dal. Okay.
The questioner : With a waw.
The Shaykh : Huh?
The questioner : ... .
The Shaykh : Do you see?
The questioner : Yes.
The Shaykh : No, that one, a rare language, with a tha. Okay, in any case, the one to which the cutting is specific is only the right hand, and the wisdom is this. And some of the Zindiqs (heretics) objected to the Shari'ah, saying: How is the right hand cut off for a quarter of a dinar, and if the perpetrator cuts it, his blood money is five hundred dinars? Huh? There is a difference between them. How can its value be five hundred dinars and it be cut off for a quarter of a dinar? And some of the scholars answered it by saying that it was cut off for a quarter of a dinar to protect wealth, and its blood money was five hundred dinars to protect souls and blood. The objecting poet says:
"A hand with five hundred dinars of gold as blood money *** What is the matter that it was cut off for a quarter of a dinar?
A contradiction for which we have no choice but silence *** And we seek refuge with our Lord from the Fire".
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Very well.
The questioner : The response, O Shaykh?
The Shaykh : The response said: To protect wealth.
"Protecting the soul made it more expensive and cheaper *** Protecting wealth, so understand the wisdom of the Creator".
And some of them said, and it is... literary: "When it betrayed, it became cheap, and when it was trustworthy, it was precious".
Now, if he returns and steals, some scholars said that nothing is cut off from him, but rather he is imprisoned and disciplined. And some said his left foot is cut off at the joint of the heel. If he returns and steals, his left hand is cut off. If he returns and steals, his right foot is cut off. If he returns and steals, huh?
The questioner : ... .
The Shaykh : Yes, so some said by killing him. But some of the common people heard this saying and said: If his four limbs are cut off, with what will he steal? Yes?
The questioner : ... .
The Shaykh : He manages his affairs, he can steal, huh?
The questioner : ... .
The Shaykh : Thinking does not help, and sending others does not help either. He must steal himself, but he can steal with his mouth, carrying the bag with the gold, biting it with his teeth and walking. Maybe this is possible.
The questioner : ... .
The Shaykh : Or maybe he can dig, dig something with his foot. In any case, if he steals after the fourth time, some scholars say that he is killed.
[As for] the thief, the male and the female, amputate their hands
والسارق والسارقة فاقطعوا أيديهماHe says: "If the cutting is obligatory", and that is after the completion of the conditions. How many are the previous conditions? Six conditions, in addition to the general conditions for carrying out the hudud.
"His right hand is cut off", by the saying of Allah the Exalted:
[As for] the thief, the male and the female, amputate their hands
والسارق والسارقة فاقطعوا أيديهماSo cut off their right hands
فاقطعوا أيمانهماThe questioner : ... .
The Shaykh : Yes, I have "elbow" in my copy, and it appears that the correct one is "palm." "At the joint of the palm" means below the forearm. And it is obligatory to cut it from here, not up to the elbow, because Allah (Glorified and Exalted is He) was general and did not specify. And the hand, when used generally, is understood to mean the palm, as evidenced by the saying of Allah the Exalted in the verse of tayammum (dry ablution):
and wipe over your faces and hands with it
فامسحوا بوجوهكم وأيديكم منهHe said: "At the joint of the palm". The method for this is that a strong man is brought, and his hand is tied with a rope and pressed firmly until the joint becomes clear, because the joint is interlocking, so the palm must be separated from the forearm until it is cut at the joint. Because if it were cut with the... like this, they are interlocking, so it must be pressed hard until the joint becomes clear. He said: "And it is cauterized". Cauterization in language means cutting, and the intended meaning here is stopping the blood, i.e., cutting it off. This is done by boiling oil or fat or something similar, and then the wound is dipped in it while it is boiling. When it is dipped in it while boiling, the mouths of the veins are sealed. And it is obligatory to cauterize it because if it were left, the blood would flow and he would die. And the hudud is not intended to cause death or destruction; rather, it is intended to discipline him. The evidence for this, the evidence for the obligation of cutting, is the saying of Allah the Exalted:
[As for] the thief, the male and the female, amputate their hands
والسارق والسارقة فاقطعوا أيديهماSo cut off their right hands
فاقطعوا أيمانهماSo cut off their hands
فاقطعوا أيديهماThe questioner : The verse of tayammum.
The Shaykh : Tayammum. And it is obligatory to cauterize it to prevent destruction, because preventing destruction is an obligatory matter, since what is necessary for the completion of an obligatory act is itself obligatory. And the wisdom of cutting it, rather than other limbs, is that since the hand is the tool for taking in most cases, the cutting is specific to it. And for this reason, it is specific to the right hand rather than the left, because it is the one used for taking in most cases. Now, if the man is left-handed, is the right hand cut off, or the left?
The questioner : ... .
The Shaykh : The right hand is cut off in all cases, even if it is assumed that he is left-handed and does not work except with the left hand. And what is he called in the language of Rashid?
The questioner : Did you hear?
The Shaykh : And what is he called?
The questioner : ... .
The Shaykh : Is that what I said?
The questioner : The left-handed one.
The Shaykh : And what is he called by the common people?
The questioner : ... .
The Shaykh : Huh? The most severe of the severe ones? Do you see?
The questioner : ... .
The Shaykh : Yes, with a dal. Okay.
The questioner : With a waw.
The Shaykh : Huh?
The questioner : ... .
The Shaykh : Do you see?
The questioner : Yes.
The Shaykh : No, that one, a rare language, with a tha. Okay, in any case, the one to which the cutting is specific is only the right hand, and the wisdom is this. And some of the Zindiqs (heretics) objected to the Shari'ah, saying: How is the right hand cut off for a quarter of a dinar, and if the perpetrator cuts it, his blood money is five hundred dinars? Huh? There is a difference between them. How can its value be five hundred dinars and it be cut off for a quarter of a dinar? And some of the scholars answered it by saying that it was cut off for a quarter of a dinar to protect wealth, and its blood money was five hundred dinars to protect souls and blood. The objecting poet says:
"A hand with five hundred dinars of gold as blood money *** What is the matter that it was cut off for a quarter of a dinar?
A contradiction for which we have no choice but silence *** And we seek refuge with our Lord from the Fire".
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Very well.
The questioner : The response, O Shaykh?
The Shaykh : The response said: To protect wealth.
"Protecting the soul made it more expensive and cheaper *** Protecting wealth, so understand the wisdom of the Creator".
And some of them said, and it is... literary: "When it betrayed, it became cheap, and when it was trustworthy, it was precious".
Now, if he returns and steals, some scholars said that nothing is cut off from him, but rather he is imprisoned and disciplined. And some said his left foot is cut off at the joint of the heel. If he returns and steals, his left hand is cut off. If he returns and steals, his right foot is cut off. If he returns and steals, huh?
The questioner : ... .
The Shaykh : Yes, so some said by killing him. But some of the common people heard this saying and said: If his four limbs are cut off, with what will he steal? Yes?
The questioner : ... .
The Shaykh : He manages his affairs, he can steal, huh?
The questioner : ... .
The Shaykh : Thinking does not help, and sending others does not help either. He must steal himself, but he can steal with his mouth, carrying the bag with the gold, biting it with his teeth and walking. Maybe this is possible.
The questioner : ... .
The Shaykh : Or maybe he can dig, dig something with his foot. In any case, if he steals after the fourth time, some scholars say that he is killed.