Is the aforementioned Hadith, narrated by Jabir, which includes the Prophet’s — may Allah bless him and grant him peace — command to kill a thief upon whom the order to amputate was repeated four times, then he was ordered to be killed on the fifth, an authentic Hadith, and how could the Messenger — may Allah bless him and grant him peace — have said such a thing?
First: Discussions with people of other faiths should be conducted by scholars capable of refuting misconceptions, not by unqualified common folk.
Second: The Hadith reported concerning the punishment of a thief who steals repeatedly ("Kill him on the fifth [offense]") is objectionable and unsound. It has been declared weak by Al-Nasa'i and others. Even if it were authentic, the jurists did not act upon it. Al-Sindi suggested that the man was killed for apostasy, not for theft, because the humiliation of throwing the corpse into a well is not befitting a Muslim.
Third: Jurists differed regarding the punishment of a thief after his hand and foot have been cut off. Some said he should be imprisoned (Hanafis and Hanbalis). Others said that whenever he steals, his limbs should be cut, and on the fifth offense, he should be imprisoned (Malik and Al-Shafi'i). Still others said he should be killed on the fifth offense. However, the four madhhabs (schools of thought) did not adopt Jabir's Hadith regarding killing the thief on the fifth offense.
Fourth: The crime of a thief who persists in stealing warrants a severe punishment, and killing him on the fifth offense is an appropriate punishment for the severity of his crime. Furthermore, accusing Islam of barbarity is inappropriate, considering the texts of the Holy Bible that command the killing of women and children, ripping open the bellies of pregnant women, and cutting off hands.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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