‘Amr b. Shu'aib, on his father’s authority, said his grandfather, ‘Abdallah b. ‘Amr b. al-‘As, told that God’s Messenger was asked about fruit which was hung up and said, “If anyone steals any of it after it is put in the place where it is dried and it amounts to the price of a shield, he must have his hand cut off.”
Rafi‘ b. Khadij reported the Prophet as saying, “The hand is not to be cut off for taking fruit or the pith of the palm-tree.”
Malik, Tirmidhi, Abu Dawud, Nasa'i, Darimi and Ibn Majah transmitted it.
‘Abdallah b. ‘Abd ar-Rahman b. Abu Husain al-Makki reported God’s Messenger as saying, “A hand is not to be cut off for fruit which is hung up, or for a sheep stolen by night from the mountain;* but when the sheep is in its fold or the fruit in the place where it is dried a hand is to be cut off for whatever reaches the price of a shield.”
Malik transmitted it.
* Harisa jabal. It is used either of a sheep or goat stolen before it gets back from the mountain to the fold, or of one guarded in the mountain. The most satisfactory reason for the prescription would seem to be that animals kept in the mountain are not sufficiently protected.
Abu Huraira reported the Prophet as saying, “God curse a thief who steals an egg and has his hand cut off, and steals a rope and has his hand cut off!”*
(Bukhari and Muslim.)
*It has been suggested that baida (egg or steel helmet) should have the latter meaning and that a ship’s rope should be understood, but the translation above is usually accepted as the meaning.
