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Biography: Imam Mālik ibn Anas (rh)

موطا امام مالك رواية يحييٰ
Muwatta Imam Malik Riwayat Yahya
كِتَابُ السَّرَقَةِ
Book: On the Explanation of Theft
بَابُ جَامِعِ الْقَطْعِ
Comprehensive rulings on amputation
Imam Malik, may Allah have mercy on him, said that if a small child or a foreign person who cannot speak has something stolen from their house, the thief's hand will be cut off. But if it is taken from the road or from outside the house, then the hand will not be cut off, and their ruling will be like that of a mountain goat or fruit hanging on a tree.


تخریج الحدیث:
Imam Malik, may Allah have mercy on him, said that if someone digs up a grave and steals a shroud equal to a quarter of a dinar, his hand should be cut off, because a grave is a protected place like a house. However, until the shroud is taken out of the grave, the hand should not be cut off.


تخریج الحدیث: