Muwatta Malik #1646
Hudud
Yahya related to me from Malik from Abd ar-Rahman ibn al-Qasim
from his father that a man from Yemen who had his hand and foot cut
off came and went before Abu Bakr as-Siddiq and complained to him that
the governor of the Yemen had wronged him, and the man used to pray
part of the night. Abu Bakr said, "By your father, your night is not
the night of a thief." Then they missed a necklace of Asma bint Umays,
the wife of Abu Bakr as-Siddiq. The man came to go around with them
looking for it. He said, "O Allah! You are responsible for the one who
invaded the people of this good house by night!" They found the
jewelry with a goldsmith. He claimed that the maimed man had brought
it to him. The maimed man confessed or it was testified against him.
Abu Bakr as-Siddiq ordered that his left hand be cut off. Abu Bakr
said, "By Allah! His dua against himself is more serious, as far as I
am concerned, than his theft."
Yahya said that Malik said,
"What is done among us about the person who steals several times and
is then called to reckoning, is that only his hand is cut off for all
he stole when the hadd has not been applied againsthim. If the hadd
has been applied against him before that, and he steals what obliges
cutting off, then the next limb is cut off."
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About Muwatta Malik
This hadith is #1646 from Muwatta Malik, in the Book of Hudud. Muwatta Malik contains 1,985 hadiths across 61 books.