lost by its owner, fruit growing on trees in open country without an enclosing wall, livestock with no herdsman present, and the like, no amputation is prescribed for taking them. The person who takes them is, however, subject to discretionary punishment and must pay double compensation, as stated in the hadith.
Scholars have differed over doubling the compensation. Ahmad and others are among those who hold this view. Rāfiʿ ibn Khadīj said:
“I heard the Messenger of Allah, may Allah bless him and grant him peace, say: ‘No amputation is prescribed for stealing fruit or palm hearts.’”
Kathar means the tender core of a date palm. This was reported by the compilers of the Sunan.
ʿAmr ibn Shuʿayb narrated from his father, from his grandfather—may Allah be pleased with him—who said:
“I heard a man from Muzaynah questioning the Messenger of Allah, may Allah bless him and grant him peace. He said, ‘O Messenger of Allah, I have come to ask you about stray camels.’
“He replied, ‘A camel has its footwear and water supply with it. It feeds on trees and goes to water, so leave it until its owner comes looking for it.’
“The man asked, ‘What about stray sheep?’
“He replied, ‘It is for you, your brother, or the wolf. Take it in until its owner comes looking for it.’
“The man asked, ‘What about livestock stolen from their grazing grounds?’
“He replied, ‘The penalty is twice their value and a deterrent beating. For livestock taken from their enclosure, amputation is prescribed if the value of what is taken reaches the price of a shield.’
“The man asked, ‘O Messenger of Allah, what about fruit and what is taken from its sheaths?’
“He replied, ‘Whoever eats some directly, without gathering any in the fold of his garment, bears no liability. Whoever carries any away must pay twice its value and receive a deterrent beating. For fruit taken from its drying floors, amputation is prescribed if the value of what is taken reaches the price of a shield. If it does not reach the price of a shield, the penalty is compensation of twice its value and deterrent lashes.’”
Reported by the compilers of the