Ali Ibn Abi Talib - Volume 1 of 2

520 Financial and judiciary institutions at the time of 'Ali
3.2.4. The hadd punishment for stealing
3.2.4.a. Stipulation that the item should be
in a place where it is usually put away
For the hand of the thief to be cut off, it is stipulated that the
stolen property should have been taken from a place where such
items are usually put away, according to 'Ali (A). It was narrated
from Dumayrah that 'Ali (&) said: 'The hand of the thief is not to
be cut off unless he takes the goods from the
3.2.4.b. Theft of items whose
ownership is in doubt
If a thief stole property whose ownership was in doubt, such as
if he has a share in it, his hand is not cut off, according to 'Ali
(&)?59 It was narrated that Zayd ibn Dith2r said: "A man who had
stolen from the one-fifth share of the war booty was brought to 'Ali.
The man said that he had a share in it, so 'Ali did not cut off his
hand." It was also narrated from ash-Sha'bi that 'Ali (4) used to
say: "The hand of one who steals from the public treasury is not to be
cut off."260
3.2.4.c. Stealing a free person
The person who steals a child who is free should have his hand
cut off, according to 'Ali (&). It was narrated from Ibn Jurayj that
'Ali (&) cut off the hand of someone who sold a free person, and he
,.
said: "The free person can never be a slave.261 A person is more
precious and valuable than property, so it is more appropriate to cut
off the hand with regard to stealing a person."26z
3.2.4.d. A slave stealing from his master
The hand of the slave who steals from his master is not to be
cut off, according to 'Ali (&). It was narrated from al-Hakam that
'Ali (&) said: "If a slave stole from my property, I would not cut off
his hand."263