Hatem al-Haj – FQP18 Fiqh of Penalties – Hadd for Theft

			Bob had this article chapter on the hot dog penalty for theft. Woman Sara crowbarred in our in
mineral, mineral ayeni outside Africa in mineral water. How are you sir we are headed Mama.
		

			Mensa Aaron man who are fragile human hair is called the audio, aluminium and lift solid cap was he
mad for inadequate the original videos ROM and move solid cab for her seemed fine either. hobbies
are what I call high reading originally. If one steals 1/4 of the dinar of gold, three Durham's of
silver, or the equivalent of either one of them of any other property, taking it out of the hairs
customary place for safeguarding similar properties is right hand will be amputated from the wrist
and cauterized if he does does it again. his left foot will be caught from the ankle and cauterized
if he doesn't again, he should be imprisoned, but now more than one hand and one foot maybe cut.
		

			That's what Kodama said in a lambda.
		

			And that is basically that Hanbury must have I don't see anything here that is not the authorized
the view of the Hanbury
		

			method, this is the authorized view of the harmony method all these statements here. So, if once
these one force of a dinar of gold or three Durham's of silver or the equivalent of either one of
them have any other properties
		

			Okay, and no one disagreed about this except the HANA fees who said that the nasaga the threshold is
what 10 Durham's not three their homes 10 their homes as the threshold according to the HANA fees,
		

			but in the according to the majority, the nisab or the threshold for seft is three their homes are
the equivalent of either one of them or any other proper of any other property. So, quarter dinar is
equal to three their homes because what is one dinar 12 their homes quarteira dinar three their
homes. So, the dinar is the gold currency that is the silver currency anything that is equal to one
quarter of gold currency or three units of the silver currency will be then a sub where the
threshold for amputation
		

			as a punishment for theft
		

			says a year taking it out of the hairs customary place for safeguarding similar properties. So, it
seems here that he talked about Vanessa right.
		

			And then he talked about the hair is which is the customary place for safeguarding similar
properties
		

			and these are two different condition for amputation
		

			Okay, and then
		

			I will mention the conditions as we go through the discussion because there are eight different
conditions for amputation. Then the shift says rajamma Harris pears is whatever suitable customarily
to to preserve this. So, the head is the for the
		

			the animals, livestock stables, the hair is for jewelry.
		

			Safe, the hair is for
		

			beans
		

			is a store that has a guard basically
		

			the hair is before the door is to be fixed to the wall. So, if you remove the door you remove this
from the house
		

			and so on what's customarily customary that customary indicates that you are protective of this
property.
		

			Put the video minimum of solid calf who has the map has right hand will be amputated from the wrist.
Because that is it's really traceable to the prophet SAW seven but you know the strong proof on this
is a sahabas
		

			sort of
		

			harm or accident
		

			it's a year from here. Not from
		

			I'm here
		

			and if he goes back to stealing give them
		

			the left foot will be cut from here, not from here. But he will leave the bottom of it we'll leave
the heel to walk on a heel. So
		

			it will be cost like this
		

			tangentially obliquely you will leave the him for him to walk on a heat
		

			leave
		

			Yeah.
		

			Someone wants to start an agency
		

			right hand will be amputated from the wrist and cauterize. cauterize
		

			the cauterize that by dipping it in boiling oil, you have to have better ways of categorizing
others.
		

			For those who are interested in
		

			such ventures
		

			for an adequate
		

			cab, or has he not for any other hobbies? Well, I have to I read in order to if he goes back, you'll
be in prison, because you do not want to make him lose to have either one, two legs or two hands.
Man fat is dense. It's called the utility of hands for the utility of legs. You don't want him to
lose all the utility. What if he came to you with his right hand? Already amputated for some other
reason not Sarika. He doesn't have a right hand. He just came to you doesn't have a right hand. What
do you do? You don't cut the left hand you cut the left foot. That's the next.
		

			Done with this. What do you do? That's it.
		

			You lock him up.
		

			So we mentioned two of the conditions for amputations. And I will tell you how they basically give
away out to everybody.
		

			So it says here let us put a sign up LBC hotline our at RAF Maritime Safety can only be established
by the testimony of two trustworthy witnesses or an acknowledgment repeated twice.
		

			That's the other condition.
		

			Basically, admissible proofs has to meet the evidentiary standard or admissible proofs in court
testimony of two acknowledgement times two. If you admit to any problem any crime you need to admit
ones
		

			if you have made
		

			to Xena
		

			and and the Sarika four times 402 times four cycle because consequential
		

			you know like a handle will be amputated here. So you need to acknowledge admit twice confessed
twice.
		

			Now, having said that you need to confess twice, they say that it would be it's a sin now, to
suggest to the person to take it back.
		

			The prophet SAW someone did this himself a person who was going to be cut, the prophet said to him
now if I look or Mercado, both are correct. mattify Lucas.
		

			He said to him Bella, he said to him mattify Lucas, he said to him, Bella, he said to me follow
kisaragi septembre farmer.
		

			So I don't think that you store the profits of homestead. I don't think he stole he said I know
that. He said to him, I don't think so. So to suggest to him to where to retract it
		

			would be a sin.
		

			So here's okay. admissible proofs isn't the third. Then while I Okta had to polyamorous route men
who we met
		

			when we have a had esodoc Obama who yeah public socket and we're in Canada who lamea spot. The thief
is not the thief is not caught unless the one whose property
		

			He was stolen demands
		

			his property
		

			if the owner gives or sells it to the thief before going to the authorities the cutting is canceled
if he or she does it after that, it is not as we said the alpha female when I come from America and
even have difficult words the prophets of Salaam said pardon each other concerning the huddled
before you come to me partly inshallah forgive forego
		

			because whatever it is that will come to me would be established in in court as binding. So, before
you come, you know, drop, forego pardon.
		

			So, demand if someone steals from you, they will not be amputated until you demand
		

			then
		

			when you go when you basically give it to them or sell it to them, before the crime of Sept is
established in court, it will drop amputation will drop after no harm like what cause accusation
fornication is we give priority precedence to the accused all the time until the end.
		

			Then
		

			what about Okay, so we're done with this.
		

			We're in Napa Santa Ana nisab Baba Rajan I'm Yes, cotton cotton in Ghana cobbler who laniado
		

			if the value of the property falls below that asabe after it is taken out of the head is
		

			a cutting is not unmold. But if that depreciation happens before, then cutting is not obligatory.
		

			At that time, it is coming out of the hairs. It has the meat that nisab or the threshold for
cutting, you walk in
		

			and you want to steal
		

			a goat.
		

			You don't want the goat to make noise walking out you slaughter the goat and then you take it out
		

			the price of the slaughtered goat is
		

			to their homes. The place the price of the live goat is three their homes. Do we cut you know,
because at the time you took the goat out of the heads when the goat was departing from the hairs he
was to their homes less than Madison that's what he says.
		

			You walk in and you find sort of a live good chocolate so you're in the house and you take the rest
the rest of the chocolate is for less than three their homes you ate a lot of chuck
		

			it would have been more than three their homes had you take taken it all out. But since you ate
		

			you know hated whatever it is that you're taking out now is has that mean then Islam if it doesn't,
then keep in mind that the nisab is a little bit of more than one gram of gold. What is one gram of
gold nowadays?
		

			What's one gram of
		

			$70
		

			Okay, whatever I guess 50 $70 is not about me.
		

			Then we said
		

			the shape of n says whatever caught the eye here Oh goodness, Luke in Canada pen How?
		

			Follow hirado masuk in Canada pen. He met he in Canada telephone. If he is cut, he must still return
the stolen property if it exists, if it is lost or damaged, then he must return the value of it in
the authorized Hanbury madhhab twice the value of it.
		

			But the point that he's trying to make here is that in court it does not absolve you of
		

			a demand liability financial liability. So you will be cut and you will be financially liable.
		

			Now, so for different conditions, are there other conditions
		

			the CIF has to be McCallum
		

			okay.
		

			Money
		

			The stolen property has to be
		

			motorcar, one has to be sort of has to have a legitimate value. value. So if you steal
		

			a guitar,
		

			family wise, talking from Betty here,
		

			there's no punishment.
		

			Because that is not a valued property. If you see a pink
		

			if you steal wine,
		

			if you steal water,
		

			if you see anything that has that is not that doesn't have value, even water could have value, but
it's a different discussion. If you steal a bottle that is made of silver that has wine, there is no
punishment, because has wine. So because it is connected to something else, there's no punishment.
So there are so many things that if you steal, if they even say, if you steal
		

			the chests,
		

			no matter how expensive it is, because ham daddies believe it's forbidden. So it's not money that is
valued. Therefore, there is no punishment here. It's not like it's a good thing to steal. There is
just no cutting no amputation, because the money has to be valued, has to return asabe
		

			and you have to be a mechanic and it has to be out of heads. And we have to have to prove people
witnessing and there has to be
		

			demand.
		

			One big thing is in a shop in
		

			a shop and we will end by this because I told you that with every hat. They gave people a way out.
Do you know who is a Sarika serif,
		

			sans serif is the Willie Seif, the wedding Steve will come and say
		

			this thing is mine.
		

			And he doesn't have to prove it.
		

			He's off the hook.
		

			Or if he says I was given permission to walk into this house.
		

			And he doesn't have to prove it.
		

			That is called the circles that if we receive chef a
		

			golden circle of money. So in the Hanbury Mel's hub,
		

			if you say
		

			this is mine, and I sold it, and certainly you know when we talk about having value should not be
		

			small. So
		

			it should not be taken from you or taken from someone else or stolen from you or stolen from someone
else, and so on. But in this particular point of a sidekick is very for the witty thief, he will
make a claim of to this property is mine.
		

			And he will just have to make up any story. Because he doesn't at the end of the day, he will not
have to prove it. But just the the claim itself when cause enough ambiguity, enough ambiguity to a
very to the heart.
		

			Now you say the system is really bad.
		

			If you think that if you think that this is the end of the story, it's a bad system.
		

			But this is not the end of the story.
		

			Because liability could still be established. without meeting the evidentiary standard for the
heart. The Azir punishment could still be established without meeting the evidentiary standard for
the heart.
		

			The heart is meant for the terrorists. If you look at Saudi Arabia,
		

			how many hands get amputated every year. And I don't know if I mentioned this in the commentary or
not. Two to four hands are amputated every year
		

			to cause this much deterrence and less much safety and you know,
		

			if depends on
		

			your moral philosophy, but if it is utilitarian, you are most certainly going to say it's worth it
		

			using a utilitarian moral philosophy. So anyway, but what Like I said before, if even if you were
virtuous assist this habit
		

			is not meant to be applied by wicked, unfair societies. This hat is meant to be applied only by
virtuous, like, just unfair societies.
		

			I'll stop here recording from my reference.
		

			Like I'll take 30 minutes