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Summary
Malik said of one who steals what requires cutting, then the goods he stole are found with him and returned to their owner: his hand is still cut off. If someone says: how can his hand be cut off when the goods were taken from him and handed to their owner? It is like the drinker in whom the smell of wine is found, but who is not intoxicated, and who is flogged the prescribed punishment, because he drank it in order to be intoxicated; likewise the thief's hand is cut off for the theft from which he was taken, because he stole in order to carry it off. 1
Place in the museum
Belongs to the Muwatta, Book of Prescribed Punishments (hudud). Source: the Muwatta. Mentions Malik ibn Anas. Built on in the chapters on amputation of the hand (qat al-yad).
Connections
- Part of
- Muwatta, Book of the prescribed punishments (hudud)
- Mentions
- Malik ibn Anas
- Basis for
- hand amputation for theft (qat al-yad)
People and things also explored
Muwatta 2374· Muwatta 2375· Muwatta 2376· Muwatta 2377· Muwatta 2378· Muwatta 2379· Muwatta 2380· Muwatta 2381
Sources
- Muwatta, recension of Yahya ibn Yahya al-Laythi (ed. Bashar Awwad Ma'ruf) , p.400
Cite this page
islam.museum contributors. “Muwatta 2422”. islam.museum, https://islam.museum/en/passage/muwatta-27-2422/. CC BY-SA 4.0. Last updated 2026-10-17.