entitlement. If he steals from the fifth that has been distributed among the five categories, we must examine the matter. If he steals from a category to which he has no right, his hand is amputated. For example, when we subdivide the fifth into five portions, setting aside separately the share for Allah and His Messenger, peace and blessings be upon him, the share for the orphans, the share for the near relatives, the share for the wayfarer, and the share for the needy: if he steals from the share of the orphans while he is an adult of sound mind, his hand is amputated, because he has no possible entitlement to it. But if he steals from the fay’ allotted to Allah and His Messenger, peace and blessings be upon him, his hand is not amputated, because he has a right in it, as it is allocated to the public treasury. And if he steals from the share of the near relatives while he is not one of them, his hand is amputated.
His statement, “or a poor person [who steals] from the yield of an endowment for the poor”: that is, his hand is not amputated. For example, we have date palms endowed for the poor. We harvest the palms and place the harvested dates in their secure place of storage. Then a poor man comes and steals some of them; his hand is not amputated, because he has a potential entitlement, being among those entitled to it.
Another example is food prepared for the poor: if a poor person comes and steals from it, his hand is not amputated, because he has a potential entitlement to it.
His statement, “or a person [who steals] from property in which he has a share”: that is, his hand is not amputated, because he has a portion of what he stole.
For example, a person owns property jointly with another person—one hundred dirhams, for instance—and steals fifty dirhams from this jointly owned property. His hand is not amputated, because half of those fifty dirhams belongs to him.
Another example: a man has a one-in-a-million share in some property,