Seadet-i Ebediyye - Endless Bliss Sixth Fascicle

Once a thief’s hand has been cut off, he will no longer (have to)
pay for the property he stole. If the stolen property still exists, it
will be returned to its owner. If the thief has sold it, it will still be
given to its owner, who will thereafter pay the purchaser. It is
harâm for the thief to use that property. If the purchaser has used
the property, its owner will ask the purchaser to pay him its
equivalent. And the purchaser, in his turn, will ask the thief to
repay him its equivalent.
Supposing a burglar breaks into your house and takes your
property away; it is permissible to fight the burglar even if the
property (being stolen) is worth less than the amount of nisâb.
Fight should be stopped if the burglar gives up and leaves the
property he has been stealing. If you kill the burglar (during the
fight), then you will only have to pay diyat (blood money. Please
see the thirteenth chapter.)
5– BRIGANDRY: If one or more people, men or women,
Muslims or dhimmîs, by day or by night, attack with arms Muslims
or dhimmîs on highways that connect towns or cities in the Dâr-ulislâm,
these people are called ‘qâti’i tarîq’, or brigands, or
highwaymen. If they are caught before they have perpetrated any
robbery or homicide, they will be beaten, and kept in confinement
until symptoms of penitence and tawba are observed on them,
otherwise until death.
If they have done the robbing, each and every one with a share
as much as nisâb in the robbing will be punished with hadd, which,
in this nonce, is cutting off the right hand and the left foot, or the
other way round.
If they have perpetrated homicide instead of robbing, they will
be killed for hadd. The walî [1] of the victim of the homicide is not
entitled to forgive the culprit. For, noone is accredited with
forgiveness in a punishment of hadd. To forgive (someone who has
deserved hadd) means to refuse to obey Allâhu ta’âlâ.
If they have both stolen the amount of nisâb and perpetrated
homicide, the President of the state may inflict any one he choses
of the following six ways of punishment:
1– He cuts off one of his hands and one of his feet and
thereafter he kills him.
[1] Please see the initial few pages of the twelfth chapter of the fifth
fascicle of Endless Bliss for ‘walî’.
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