And if each one takes from the wealth the amount for which a thief would be amputated, and they did not kill, then the right hand and left foot of each one are amputated in a single instance
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The Shaykh : Then he said "And if each one takes from the wealth the amount for which a thief would be amputated for taking it, and they did not kill, then the right hand and left foot of each one are amputated in a single instance, and they are cauterized, and then they are released" If each one of them takes from the wealth the amount for which a thief would be amputated, what is this amount? A quarter of a dinar or three dirhams, or goods of equivalent value to one of them. This is the school's position. The second opinion is that the threshold is a quarter of a dinar, based on the hadith of A'ishah Muwatta Malik 41:37, and this is the correct view as previously mentioned. The important point is: if they take wealth that reaches the threshold, reaching the threshold for the amputation of theft, then their hands are amputated for taking the wealth, and their feet are amputated for cutting off the road, because they take with the hand and walk with the foot, so the foot is amputated and the hand is amputated. The author (may Allah have mercy on him) stipulated for the amputation that they take from the wealth the amount for which a thief would be amputated. The apparent meaning of his words is that if they took less than that, yes, then there is no amputation, and they are judged by the ruling of one who did not take anything. This is one of the opinions in the issue. The second opinion is that if they take the wealth, even if it is less than the amount for which a thief would be amputated, then it is necessary to amputate their hands and feet from opposite sides. They said: because this is not theft; this is a greater transgression, and the greater is not measured by the lesser. Also, the place of punishment in theft is the hand, and the place of punishment here is the hand and the foot. It is also not possible to measure the heavier punishment by the lighter punishment. This is the school of Malik, and it is the correct view. The correct view is that if they take his wealth, even if it is a little, then their hands and feet are amputated from opposite sides. The generality of the report coming from Ibn 'Abbas (may Allah be pleased with them both) indicates this. Is measuring it by theft correct or not correct?
The questioner : ... .
The Shaykh : Not correct, because it differs in the transgression and differs in the punishment. If it differs in the punishment and the transgression, how can the heavier be measured by? By the lighter. And based on this, we say the second opinion in the issue is that if they take from the wealth, even a little, then their hands and feet are amputated from opposite sides. Now, where is the hand amputated?
The questioner : From the joint.
The Shaykh : From the joint of the palm, and the foot from the joint of the heel. The heel remains; what is amputated? Because if we amputated the heel, we would harm him, since if we amputated the heel, the foot would be shortened and walking would be hindered. So the heel is left for him, and it is amputated from the joint of the heel, yes?
The questioner : ... .
The Shaykh : Yes, now, he needs to extend his leg... yes, the heel is known to you all; it is this ankle bone, this ankle bone, this ankle bone. Is the ankle bone not known? Now, each one of you touches the back of his foot and knows the ankle bone. This ankle bone has a joint below the ankle bone. He walks from below the ankle bone until he reaches the heel. There is a joint there that you feel now. I am touching it now, but it is possible that one with a lot of fat does not feel it, yes? This joint is the place of amputation. It is amputated; the knife is brought from below the ankle bone and moved in it, then it is turned to go down to below, so that the heel remains for him to walk on. Is that clear? Yes?
The questioner : Clear.
The Shaykh : Now, the right hand is amputated because it is the primary one, since the primary one for taking and giving is the right. Why is the right foot not amputated? Because the right foot is stronger than the left foot. They said: so that two punishments do not gather on one side. This is the wisdom: their hands and feet are amputated from opposite sides, so the amputation is from one side in the hand and from another side in the foot. So it is amputated, my brother. What is this called? And what is amputated?
The questioner : ... .
The Shaykh : The author says "and his left foot in a single instance" It must be in a single instance because Allah said[Al-Ma'idah 5:33] and the conjunction "wa" indicates gathering and sharing, so it must be in a single instance, meaning that we do not amputate this hand today and amputate the foot tomorrow, because this is difficult for him. So carrying out the punishment on him once is easier. And we do not say: we amputate the right one, and when it heals, we amputate the left foot, because this is also contrary to the apparent text. So they are amputated in a single instance.
He said "and they are cauterized" The meaning of "cauterized" is that they are dipped in boiling oil until the mouths of the veins are closed and the blood does not flow, and then they are released.
not to cut off the hand except for a quarter of a dinar and upwards
لا قطع إلا في ربع دينار فصاعداThe questioner : ... .
The Shaykh : Not correct, because it differs in the transgression and differs in the punishment. If it differs in the punishment and the transgression, how can the heavier be measured by? By the lighter. And based on this, we say the second opinion in the issue is that if they take from the wealth, even a little, then their hands and feet are amputated from opposite sides. Now, where is the hand amputated?
The questioner : From the joint.
The Shaykh : From the joint of the palm, and the foot from the joint of the heel. The heel remains; what is amputated? Because if we amputated the heel, we would harm him, since if we amputated the heel, the foot would be shortened and walking would be hindered. So the heel is left for him, and it is amputated from the joint of the heel, yes?
The questioner : ... .
The Shaykh : Yes, now, he needs to extend his leg... yes, the heel is known to you all; it is this ankle bone, this ankle bone, this ankle bone. Is the ankle bone not known? Now, each one of you touches the back of his foot and knows the ankle bone. This ankle bone has a joint below the ankle bone. He walks from below the ankle bone until he reaches the heel. There is a joint there that you feel now. I am touching it now, but it is possible that one with a lot of fat does not feel it, yes? This joint is the place of amputation. It is amputated; the knife is brought from below the ankle bone and moved in it, then it is turned to go down to below, so that the heel remains for him to walk on. Is that clear? Yes?
The questioner : Clear.
The Shaykh : Now, the right hand is amputated because it is the primary one, since the primary one for taking and giving is the right. Why is the right foot not amputated? Because the right foot is stronger than the left foot. They said: so that two punishments do not gather on one side. This is the wisdom: their hands and feet are amputated from opposite sides, so the amputation is from one side in the hand and from another side in the foot. So it is amputated, my brother. What is this called? And what is amputated?
The questioner : ... .
The Shaykh : The author says "and his left foot in a single instance" It must be in a single instance because Allah said
that their hands and feet be cut off
أن تقطع أيديهم وأرجلهمHe said "and they are cauterized" The meaning of "cauterized" is that they are dipped in boiling oil until the mouths of the veins are closed and the blood does not flow, and then they are released.