with which to walk.” (1) This was the view of al-Sha‘bi and al-Nakha‘i, and it was also held by al-Awza‘i, Ahmad, and the adherents of legal opinion.

Allah Most High says: “As a recompense for what they earned.” The phrase is in the accusative, functioning as a circumstantial qualifier and as a detached construction. The same applies to “as a deterrent,” meaning: a punishment, from Allah. And Allah is Almighty, All-Wise.

“But whoever repents after his wrongdoing and reforms, then surely Allah will accept his repentance. Indeed, Allah is All-Forgiving, Most Merciful. (39) Do you not know that to Allah belongs the dominion of the heavens and the earth? He punishes whom He wills and forgives whom He wills, and Allah is fully capable of all things. (40) O Messenger, do not let those who hasten into disbelief grieve you—those who say with their mouths, ‘We believe,’ while their hearts do not believe; and among the Jews are those who eagerly listen to lies, eagerly listening to other people who have not come to you. They distort words from their proper places, saying, ‘If you are given this, then accept it; but if you are not given it, then beware.’ Whoever Allah wills to put to trial, you have no power at all to protect him from Allah. They are those whose hearts Allah has not willed to purify. For them is disgrace in this world, and for them in the Hereafter is a tremendous punishment. (41)”

“But whoever repents after his wrongdoing,” that is, his theft, “and reforms” his conduct, “then surely Allah will accept his repentance. Indeed, Allah is All-Forgiving, Most Merciful.” This concerns what is between him and Allah Most High. As for amputation, according to the majority, it is not waived by repentance.

Mujahid said: “The amputation of the thief is his repentance; once he has been amputated, repentance has been attained.” The correct view, however, is that amputation is a recompense for the crime, as Allah says: “As a recompense for what they earned.” Therefore, repentance is still necessary afterward. His repentance consists of regretting what has passed and resolving to abandon it in the future.

When the thief’s hand is amputated, the majority of the people of knowledge hold that he must compensate for the property he stole. Sufyan al-Thawri and the adherents of legal opinion said that he bears no liability. By agreement, however, if the stolen property remains in his possession, it is recovered, and his hand is amputated, because amputation is the right of Allah Most High, whereas financial compensation is the right of the human being; neither of the two prevents the other, just as the specific item itself may be recovered.