Hadith 26314

Yahya related to me from Malik that Zurayq ibn Hakim informed himthat he had a runaway slave who had stolen. He said, "The situationwas obscure for me, so I wrote to Umar ibn Abd al-Aziz to ask himabout it. He was the governor at that time. I informed him that I hadheard that if a runaway slave stole while he was a fugitive, his handwas not cut off. 'Umar ibn Abd al-Aziz wrote to contradict my letter,'You wrote to me that you have heard that when the runaway slavesteals, his hand is not cut off. Allah, the Blessed, the Exalted, saysin His Book, 'The thief, male and female, cut off the hands of both,as a recompense for what they have earned, and an exemplary punishmentfrom Allah. Allah is Mighty, Wise.' (Sura 5 ayat 41) When his theftreaches a quarter of a dinar, and upwards, his hand is cut off.' "Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn Abdullah and Urwa ibn az-Zubayr said,"When a runaway slave steals something for which cutting off the handis obliged, his hand is cut off."Malik said, "The way ofdoing things amongst us about which there is no dispute is that whenthe runaway slave steals that for which cutting off the hand isobliged, his hand is cut off."