Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Penalties
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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
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
harm or accident
it's a year from here. Not from
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
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
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
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
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
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.
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
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
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
The stolen property has to be
motorcar, one has to be sort of has to have a legitimate value. value. So if you steal
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
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
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
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