Is providing one's daily bread a condition for applying the hadd punishment to the thief?
The jurists do not stipulate, for the execution of the hadd punishment for theft, that the thief must possess his day's sustenance. Rather, they mentioned that among the ambiguities (shubuhat) that avert the hadd punishment is the thief's necessity or need, such that he finds no food and therefore steals what he can eat or buy food with. In such a case, the hadd punishment is not carried out on him. Ibn Qudamah mentioned that Ahmad said: "There is no amputation during famine." It was also narrated from Umar that he said: "There is no amputation in a year of hardship," and this was interpreted to mean that a needy person driven by necessity should not be amputated. This is also the view of Al-Shafi'i. In the Fiqh Encyclopedia, it is stated that necessity and need avert the hadd punishment from the thief, as Allah Almighty said: "But whoever is compelled, without desiring or exceeding due limits, there is no sin upon him." The jurists have unanimously agreed that there is no amputation for theft during a year of famine.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/137677
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 137677
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy