Al-Maidah 27-40 Word-Analysis and Tafsir 38-b
Taimiyyah Zubair – Taleem al-Quran 2010 – Juz 06 – L071K
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The history of theft and how it is related to the Prophet's teachings about protecting one's hand and receiving small fruits is discussed. It is emphasized that early age is crucial to preventing future theft and that proper surveillance and prevention are necessary. The punishment is designed to provide a deterrent and cannot be applied to anyone who committed a crime, only to those who have a close relationship. The importance of announcing the punishment and the need for people to call in for updates is emphasized.
AI: Summary ©
So what do we learn from this ayah?
First of all, we learned from this ayah that theft,
theft is a major sin. What's the evidence?
The punishment is mentioned in the ayah. And any crime for which there is a head,
that crime that sin is Kabira it is a major sin.
So theft is a major sin. And this is aborted by this ayah itself and also many a Hadith of the Prophet sallallahu wasallam, from which we learned that this is a serious crime in our religion.
The Prophet sallallahu Sallam said, there's a hadith recorded in Bukhari and Muslim that Allah has cursed the thief who steals an egg, one egg,
and thus has his hands cut off. That how lowly could a person be that for the sake of an egg, for the sake of some money, for the sake of a nice pair of shoes, which have been used by someone
for the sake of somebody's cell phone, which has been used by someone
for the sake of somebody's bag for the sake of somebody books, what is he doing?
He's sacrificing his hand, mail locker such a person. The profits are of autism curse the person who would do such an action.
I mentioned to you earlier, that theft is that which reaches an assault.
And definitely an egg is less than a quarter Deena. It is less than a quarter dinar definitely.
So what does it mean by this Hadith, but this hadith means is that a person steals one egg.
And then eventually he steals something else.
And then he steals something else. And eventually, he has stolen so much, or he has stolen such valuable things. That as a result, what happens,
eventually, the punishment is carried out on him.
Somebody was mentioning this to me the other day, that where they used to live before, if theft was reported, at least seven times, then this punishment was carried out.
Until the basically, she was mentioning that when she used to live there, that if a person committed theft, and that was reported at least seven times, seven times, then the punishment of cutting off the hand would be applied alone, but this is what I've heard.
So what does this show that it begins from stealing small things? One thing here, one thing there. And then a person says, Let me try again, let me try again, I got that through that. Let me try again. And maybe I can get this through that.
And then eventually, a person develops a habit,
he develops a habit, which can lead to serious crimes. And if you don't stop it right there, what's going to happen, then a person is not going to care. If he's getting somebody in order to get their property.
You see this theft? What does it lead to them helaba
it leads to threatening other people to get their wealth.
And we have to be very careful about what our children bring home. What they have what they use.
As parents, you have the right to question your child.
What is it that you have in your bag? Where did you get this money from? Where did you get that food from? Who gave you this chocolate bar.
Because if you don't keep a check from the very beginning,
then what's going to happen?
They're not going to care if they're stealing money from your wallet, or they're stealing money from the donation box of a Masjid. They're not going to care about that.
So you have to start a very early age.
I remember I was very young. And every day when we would come home, my mom, she would just open up our bags, every single thing in front of us, not even behind us in front of us.
And we just had this fear as children, even if we didn't do anything wrong,
that my mom is gonna check my bag. She's gonna check everything in front of me.
So you have the right to do that as parents. And if you do that, only then your children will become cautious about what they bring home.
Do it in front of them.
And if they bring something ever make them take it back.
I remember once as children, our neighbors they had this beautiful fruit tree and half of that tree was in our backyard.
And once all of us we went in with like oh, you know the fruit is right. That's it. So we started picking the fruit and we end
up with a whole basket full of that fruit. This was an innocent crime, you can say
that it was their tree and we picked up all of the fruit basically of that small tree.
We brought it home, we brought it inside. And we showed it to our mom and dad. And
did I take it, take it and give it to the neighbors? Take it and give it to the neighbors.
And when we did that, we were literally crying like we can't do that we didn't know this was theft. We had no idea. But it made us so careful. Since then, that we wouldn't even dare touch, even look at other people's things.
It belongs to somebody else. Why even look at it, why.
And sometimes children, they just stare at other people's stuff, and they admire it so much. Why even look at other people's things. It doesn't belong to you don't even look at it twice.
So this has to be instilled from the very beginning from very early age,
that keep a close check on your children
from the start.
Watch every single action that they're doing from the start. And then if you don't do that, what's going to happen they're going to develop this habit of theft and they don't even realize if it's a big deal.
Or if it's such a huge crime in our religion.
The rabbits are a lot of them said there's a hadith mentioned Bukhari and Muslim that the thief does not steal and remain a believer, while he is stealing
a person when he is committing theft, a man leaves his heart. He doesn't have any man in his heart at that time.
Similarly, the prophet of the Lord has said, I swear by him in whose hand is my soul.
If Fatima, the daughter of Muhammad sallallahu alayhi wa sallam, if she stole, then I would certainly cut off her hand.
Even my own daughter, if she does this, I will not even spare her. Why? Because this is a punishment from a loss of its of the fruit of Allah
and that it has to be established on everybody.
Secondly, we learn from this ayah that the laws of the shittier
the Hadoop, the punishments, the commands, that Allah Allah has given
they meet particular objectives.
As I had mentioned to you earlier, as you have heard many times, that all of the commands that are in the Sharia, they are to attain specific ma posit the MacArthur river show you the objective of the shittier. And what are they the safety, the security of other people's property, their life, their uncle, their Deen,
so on and so forth.
So, over here, where Allah subhanaw taala has given this punishment of cutting off the hand for the person who commits theft, What's the reason? What's the opposite? What's the purpose? What's the objective
protection of other people's properties?
If you are supporting a thief today, tomorrow, somebody else is going to come and steal your property.
30 We also learned that another hikma another objective behind this punishment is to set this punishment as an example for the people as a deterrent. Because many people say that, oh, this punishment seems so harsh. It's so barbaric. It's so washy.
However, there is great wisdom behind it. And what's the wisdom? What's the purpose, that this is an exemplary punishment, it's going to be as a deterrent for the people that nobody even dares to touch the property of another. Nobody even dares to steal the property of another, and so that everybody can live in peace.
The Prophet sallallahu Sallam said, your lives and properties are forbidden to another till you meet your Lord.
Your lives and your properties are forbidden to one another until you meet your Lord.
Because our deed gives us the right of security of our property.
Our Deen What does it give us the right of security of the property that we have.
And if you look at it, we say that this law is very barbaric. However, in the same book from which I had read to you the book Sharia Islamic law,
it is mentioned that the biblical law for theft is crucifixion.
And this is mentioned in the book of Matthews. It is said in the Bible that if thy foot or thy hand affendi cut them off and cast them from the if you're on people, those who are very close to you if they offend you in any way, cut them off, cut them off, meaning finish them.
So the idea behind
This punishment that Allah subhanaw taala has given is what
it is to provide a deterrent to stop this crime
to provide a deterrent to stop this crime,
that the person who has committed this crime does not repeat it again and other people, they take a lesson and they don't dare commit this crime.
We also learn that the punishments in our Deen are similar to the crime that has been committed, meaning they're of the same nature.
So for example, in theft, a person is dealing with the use of his hand, a lot has gone out of the hand.
So every time he sees his wrist, what does he remember? The crime that he committed.
And every time he thinks of committing theft, the hand that he's using, it reminds him that if I use this hand to commit that my hand is going to be cut off from me.
Similarly, where a person commits murder, what's the punishment? Murder, where a person commits Zina, the entire body is involved, then in that case, it's either flogging where the body is flogged, or
it's Rogen. Where do you think of it? The punishment for is inadequate, we just chop off the head simple. But it's Rajan. Why because the entire body experiences the pleasure when it's committing Zina. So the entire body experiences the pain when it is killed.
So the punishments that are given in our Deen they are of the same nature as the crime that has been committed.
We also learn from the cyber the obligation of carrying out the HUD punishment.
Why? Because Allah subhanaw taala gives us the command fficult are then cut off.
And we also see the relevance of the names of Allah subhanaw taala. At the end of the
at the end of the day, if you notice the two names of Allah that are mentioned over here are our Aziz. And Hakeem. They're not wholefood and Rahim.
One of the names are Z's and hacking that disease, what does it demonstrate his ANOVA that he is the one who's dominant, it is his choice. It is this command, it's his wish, whatever he wishes to judge he has given the detriment and he has the power, which is why he is given the judgment of cutting up the hand, you see if an ordinary judge, if they give a very severe punishment, what do people do?
They appeal. Or they say that no, this is not fair.
Or some NGO will stand up in order to defend them.
Some human rights organization is going to stand up in order to defend them.
However, a lot of penalties Aziz, and when he has given this punishment, when he has made this law, nobody can object and say, What is this? This is the law that allows the Pentagon is giving.
Similarly, the name of Allah subhanaw taala Hakeem, what does that show?
That? Yes, Allah subhanaw. taala is a disease but every command that He has given, there is wisdom behind it, there is wisdom behind the punishment.
And therefore this negates the theme of those people who say that they are offended Allah Subhana. Allah has given they are barbaric or their worship. No, they're not barbaric, but rather his wisdom behind the commands that almost panda has given.
There's a very interesting incident that is mentioned in the book Come on, by so UT, in which he said that once there was a person who was reciting this idea of the Quran,
and there was a Bedouin person who was sitting by him, it was on his side, and that Bedouin man who was just listening.
So he said, I was reciting this ayah. And I ended the ayah, with a love of a food over him.
He said, well over for him instead of our season hiking,
he made a mistake. He was reading out of memory, and he made a mistake. So the vitamin man, he said, whose speech is this? I mean, what are you reading? He said, this is the speech of Allah. I'm reading the Quran.
He said, repeat the ayah. So he repeated the ayah. And again, he ended with a photo Rahim.
He said, this is not the speech of Allah.
Definitely, this is not the speech of Allah.
He's saying How can you say that this is the Quran? How can you try the Quran? So then he said that I realized that no, it wasn't about food overhang was actually a disease in hockey.
So then when he recited the iron, he ended with the disease. And Hakeem then the Bedouin, man, he said, Now you have added correctly.
So he asked the Bedouin, man, do you know the problem? He said, No.
I haven't memorized the Quran. So then how do you know
he said because
If he has given this punishment, then he has to be Aziz and Hakeem.
And if he was the photo Rahim, over here in this particular context, then he would not have given this punishment, then he would not have given this punishment.
So, because this punishment has been given, what does it show, there is a law and the hikma of law.
So, this shows the relevance of the names of Allah subhanaw taala, that are mentioned at the end of the if at the end of the run, that have been given.
Now, there are some points on the law of theft, Before we continue, that there are certain conditions which must be there before the thieves hand is cut off.
First of all, the person who is committing theft, he must be often and value.
But doesn't mean by that, he should be saying, he should be saying you should not be suffering from some mental disability.
And secondly, you should be balanced.
So for example, if a child, a child was not reached the age of puberty yet, if he commits theft, like for example, he goes to an uncle's house. And he finds his wallet over there and has some shiny, nice cards, and he just puts it in his pocket and brings it home, are you going to say he's coming to tap in, you're going to drop of his hand? No, because he is not balanced, yet, he doesn't have that sense.
So therefore, you're not going to call it theft.
Obviously, you are going to keep a check, you are going to reprimand the child you are going to teach that child However, because he has not reached puberty. This is why he's not macula, and therefore this punishment is not going to be applied on him.
Secondly, the person who has committed the theft, he cannot be the Father, the Son, the husband, or the wife, of the person from whom something was stolen.
So basically, cannot be a close relative.
So in other words, if a close relative, meaning immediate family members, immediate family members, if they do commit theft of one another's property, then again, the punishment of HUD is not going to be applied. Why? Because these are very close relations, and they have rights on one another doesn't mean that a person just takes whatever they want from their father's property saying, Oh, this is not theft, I want money. So I'll just go take money from my father's wallet, or I know his code. And I will go in, I can do a signature, and therefore I'll use this card, and I'll get the money on because this punishment cannot be applied on me No.
Remember, that this punishment is not going to be applied. But depending on the type of theft, If required, that disease may be applied.
Yes, it doesn't fall under this particular category. However, a person is committing this kind of a crime, then depending on how serious it is, a punishment may be applied.
However, in the case of the parents taken from the children, it is not touched at all.
Why? Because and we're maluca Leah Vika, you and your property belong to who your father.
Thirdly, the stolen wealth should not belong to the thief in any way whatsoever.
The stolen wealth, meaning what he has stolen, it should not belong to the thief in any way whatsoever.
As I mentioned to you earlier that the condition of theft is that it's the property of somebody else.
It's not the property of the thief.
So for example, if there is a worker,
if there is a person who is working somewhere,
and the employer is not giving him his wage, he's not giving him his wage.
So if he steals his wage, then in that case, it's not theft.
Why? Because that wage actually belongs to him.
Yes, it's not with him right now, it's with the employer, however, it does belong to Him. So, in that case, again, the punishment will not be applied. Similarly, if a person has deposited a security deposit, run with someone
and if he takes it again, the punishment of theft will not be applied.
Similarly, another condition is that when a person is stealing, it should not be something that is handled. So for instance, if he steals alcohol or some drugs or something, hmm. Then in that case, again,
this particular punishment will not be applied.
And other condition is that it must reach the nisab the Prophet sallallahu Sallam said that the hand is not cut off except for a quarter of a denote or more. And this is a hadith mentioned in Muslim.
seminary scholars have said that the wealth or the item that the thief steals it should have been taken from a safe place or from the house.
Or the property of the owner?
For example, if a person has his money in his wallet,
that's what safe. Similarly, if he has his wallet, in his house, on the table, what is that? safe? If he has his chairs in his deck outside, that is what safe? If he has some plants outside, what is that safe? Why? Because it is in his property, whether or not he's watching.
However, if a person dropped something on the street,
you understand if you drop something on the street, or he's walking through the aisle, and he drops his wallet over there.
Now in that case, he left it somewhere. That is not his property, that is not his area. Now somebody comes and picks it up.
And he's looking for the honor. And he sees that somebody else has my wallet, and he says, You stole my wallet? No, that is not theft.
Because you left it in a place. That was not your place where that particular object was not safe. If it's within your house, on your desk, in your bag, in your property, that's fine. But if you leave it somewhere in a public washroom,
or you drop it on the street or something, then if somebody picks it up, you're not going to blame them. You're not going to accuse them off that.
Obviously, there are other rules that apply. When you find something on the street doesn't mean that whatever you find, you can put it in your wallet, you can keep it but rather, what's the rule? What's the law,
that you should announce it for at least a year, you should announce it for at least a year. Okay, that's the law. And if the whole year has passed by and nobody has claimed it,
then in that case, you can keep it
provided that you did announce it for a whole year.
And if you don't want to do that, give it to the people who responsible for example, over here, give it at the receptions. If you find a nice watch
in the washroom or nice rings in the washrooms don't think that Oh, they left it in insecure place. So therefore I can take it.
No, you don't have the right to take it.
Then another important rule is that whatever the thief has taken, whatever the person has taken in theft,
yes, the punishment is going to be carried out on him. However, he also has to
return the object that he has stolen, he has to return the property that he has stolen. And remember that the hand is going to be cut off to the wrist. And it is preferred that the hand is actually hung from the neck for some time. The hand is hung on the neck for some time. Why?
as a deterrent.
Somebody was mentioning to me that once they saw somebody with their hand cut off.
Have you ever seen somebody with their hand cut off?
And she said that just seeing them with their hand cut off. It just terrified her it scared her so much. Just the thought of committing theft. She could never even think about it.
Because when you see somebody on whom this punishment has been carried out, you realize how serious this crime is. And other people also when they see that, oh, this person, his hand is hanging on his neck for some time and his hand has been chopped off. Don't trust him anymore.
This is such a disgrace for a person.
Such a humiliation for a person