Issue: If they see a man fleeing, apprehend him, and find the property with him, does this prove theft? The answer is: no.

If amputation becomes due, his right hand is cut off at the wrist joint and the wound is cauterized. Whoever steals something from an unprotected place—whether fruit, palm pith, or anything else—must pay double its value, but there is no amputation.

He said: “If amputation becomes due,” meaning: if it is established. It is also possible that the meaning is: if it becomes legally obligatory, for cutting off the thief’s hand is obligatory, due to the saying of Allah, Exalted is He:

“As for the thief, male or female, cut off their hands.” [al-Ma’idah 5:38]

Likewise, all prescribed punishments must be carried out upon everyone: the noble and the lowly, the rich and the poor. Thus, the word “becomes due” may refer either to legal obligation or to its linguistic meaning. Linguistically, it means “is established,” while legally it means “becomes binding.” So, once amputation becomes due—after the completion of the six aforementioned conditions, in addition to the general conditions for carrying out prescribed punishments—he said:

“His right hand is cut off,” due to the saying of Allah, Exalted is He:

“As for the thief, male or female, cut off their hands.”

This general wording is explained by the second recitation: “cut off their right hands” (1). The sunnah likewise explains this (2).

His statement, “at the wrist joint,” means below the forearm. It is obligatory to cut it there, rather than at the elbow, because Allah, Exalted is He, mentioned the hand without qualification; and when the word “hand” is used without qualification, it refers to the hand itself, as shown by Allah’s saying in the verse on dry ablution:

“Then wipe your faces and hands with it.” [al-Ma’idah 5:6]

And it has been established