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What is the evidence for the requirement of the secure place (hirz) in theft?

1 min readAlso available in العربية

The majority of scholars stipulated that the stolen property must be taken from its secure place (ḥirz) for the hand of the thief to be cut. The ḥirz is where property is usually kept, and it varies depending on the property and circumstances. They based their argument on the hadith narrated by Abdullah ibn Amr ibn al-As, may Allah be pleased with them both, that the Prophet was asked about dates hanging on trees and said: "Whoever takes some with his mouth out of need, not taking it in a container, then there is no blame on him. But whoever takes anything from it and carries it away, then he must pay double its value and receive punishment. And whoever steals anything from it after it has been stored in the drying place (al-jarīn), and its value reaches that of a shield (thaman al-mijann), then his hand must be cut off." This hadith is a fundamental principle in observing the ḥirz, and that cutting off the hand is only for one who takes property from its secure place.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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