What is the evidence for requiring a protected place (hirz) as a condition for theft, when the hand of the Makhzūmiyyah was cut for borrowing an item and then denying it, not for stealing from a protected place?
Scholars have differed in interpreting the tradition of the Makhzumi woman who would borrow items and then deny them. Some, like the Hanbalis, went as far as to say that the hand of one who denies a borrowed item should be cut off, based on the apparent meaning of the . However, the majority of scholars believe that the hand of one who denies a borrowed item should not be cut off, and that the hadith is to be understood as referring to her stealing it, and that the mention of "she would borrow and deny" was a description of her, not the reason for the cutting. Ibn al-Qayyim and Ibn Uthaymeen hold the view that cutting off the hand of one who denies a borrowed item aligns with the objectives of in preserving wealth and encouraging acts of kindness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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