Mus‘ab ibn Thābit, the thief was stoned to death for the fifth offence. No scholar held this view, apart from what Abū al-Mus‘ab relates in his abridgement from the scholars of Medina, Mālik and others. This is not correct, for the Messenger of Allah, may Allah bless him and grant him peace, said:
“A Muslim’s blood may not lawfully be shed except in one of three cases: disbelief after accepting Islam, adultery after having consummated a marriage, or killing someone unlawfully.”
Even if the report were authentic, it would have to be understood as a stern warning, like his statement concerning one who drinks wine, “Put him to death”—intended as a severe warning and deterrent. And Allah knows best.
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The scholars of Iraq held that the thief’s right hand is amputated, then his right foot, with no further amputation thereafter. The majority of earlier and later scholars of the Hijāz and Iraq agreed that the foot is amputated after the hand, although Allah, Mighty and Majestic, mentions only hands in His Book. This is because of the established Sunnah transmitted from the Prophet, may Allah bless him and grant him peace, concerning this matter. A group of the Successors and some literalists departed from this view, holding that only the thief’s hands may be amputated, and nothing more. This is also the position of the Khārijites.
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The Point of Amputation for Theft
The thief’s hand is amputated at the wrist; there is no disagreement among the scholars about this. They differed concerning the foot. Mālik—may Allah have mercy on him—and most scholars held that it is amputated at the joint at the base of the leg. In al-Mudawwanah, he said: “Below the ankle bones, leaving the ankle bones attached to the lower legs.” In Ibn Sha‘bān’s book, he said: “Between the ankle bones.”
It was also said that the foot is amputated at the joint in its middle, leaving the heel. Ibn Sha‘bān related this from ‘Alī, Ibn ‘Abbās, ‘Atā’ and Ibn Ja‘far. He said that this is a matter open to disagreement, because the joint in the middle of the foot is the first joint shared by all the toes, just as the wrist is the first joint shared by all the fingers. They thus drew an analogy between the two. This conveys the meaning of his statement, not its exact wording. And Allah knows best.