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  4. Question on 5:38 - Theft Punishment

Question on 5:38 - Theft Punishment

Scheduled Pinned Locked Moved Questions/Comments on the Quran
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  • A Offline
    A Offline
    ahmed812
    wrote on last edited by
    #3

    Salaam,

    I agree that cutting the hand is not the commandment per the Quran.

    But i would like to understand how exactly the process of cutting of resources and Power would work. I would appreciate if you could use the example i had mentioned.

    Salaam

    Ahmed

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    • U Offline
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      unknownuser
      wrote on last edited by
      #4

      Salaams Br.

      538, "The male thief, and the female thief, you shall cut off from their resources and power as a punishment for their crime, and to serve as a deterrent from God. God is Almighty, Wise."

      If 538 were translated the way you put it, Can you please explain how it is the same punishment as Joseph's brother ? As per 538, you would take away the thief's resources and power. Is it the same as making him work and asking him to repay the articles stolen ? What if he has 100000$ and stole 500$ ? What would you take from him ? 500$ which he stole or 100000$ to cut off his resources ?

      By Power, what exactly would be taken from him ?

      I can?t agree with the above translator as to my understanding it?s not the cutting off from ?

      But it?s the cutting off of their resources ?.

      To enslave one or to luck them up is similar the individual cannot attempt to steal again until they are free.

      So if in the meantime they repent they get back their freedom and/or the use of their resources.

      I think.

      Gods Blessings.

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      • A Offline
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        ahmed812
        wrote on last edited by
        #5

        Salaam

        I have taken the translation from the article

        http//www.free-minds.org/articles/quranic/theft.htm

        Also, i didnt follow how the cutting off and cutting off from are different. Can you please explain ?

        Either way, can you use the example i have given ?

        Salaam

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        • U Offline
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          unknownuser
          wrote on last edited by
          #6

          Salaams Br.

          I think we are in confusion here and that is because these two ayahs? I quoted are actually only talking about punishing the culprit, these ayah?s are talking about people who have a habit of this kind of thing, and if he repents then he will be forgiven. These ayah's aren't talking about the payment of what he might have stolen or damaged.

          So in such a case, like josephs case, the guy is held until he repents or rather is seen to have repented but must also pay the fine.

          The amount of repayment is deliberately confused and is in ayah 595 where two just men actually judge the crime and the repayment.

          Salaams.

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            ahmed812
            wrote on last edited by
            #7

            Salaam,

            I dont think 595 is related

            O you who believe, do not kill any game while you are restricted; and whosoever of you kills it deliberately, then the recompense is to expiate with the same from the livestock, to be judged by of justice from you in the form of a fine which shall reach the Kaab'a; or its cancellation shall be using it to feed the needy ones, while he is denied anything from it; that is to suffer the results of his deed; God forgives what has past. And whosoever returns, then God will seek vengeance from him. God is Noble, capable of vengeance.

            It talks about punishment for killing a game during pilgrimage.

            Do you agree ?

            Salaam

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            • U Offline
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              unknownuser
              wrote on last edited by
              #8

              Salaams Br,

              No! Sorry Br. You have got a long ways to go to find out.

              I would start by reading other topics and then if you ahave the ego and the time to do some research for self.

              But what game and what pilgrimage?

              N.B That isn't a quistion though - as you need to find out what all these things mean according to the message from Allah.

              But don't stop it was very exciting to me so it may be to you aswell.

              God is our Guide.

              God is with you.

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              • A Offline
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                ahmed812
                wrote on last edited by
                #9

                Salaam All,

                I am trying to understand this article and put it in the forum as i didnt get a response from the website....

                http//www.free-minds.org/articles/quranic/theft.htm

                Would appreciate if someone who was in agreement in the article replied and helped.

                Ahmed

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                • LaythL Offline
                  LaythL Offline
                  Layth
                  wrote on last edited by
                  #10

                  Salam,

                  I am trying to understand this article and put it in the forum as i didnt get a response from the website....

                  http//www.free-minds.org/articles/quranic/theft.htm

                  Would appreciate if someone who was in agreement in the article replied and helped.

                  Yes, there is no cutting as per the Sunni/Shia practice, rather, there is a holding of the thief to make him/her work to compensate for that which was stolen.

                  This can be clealry seen in the example of Joseph dealing with his brother in 1271-75

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                  • J Offline
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                    jonny_k
                    wrote on last edited by
                    #11

                    Peace "quran",

                    Salam,

                    Yes, there is no cutting as per the Sunni/Shia practice, rather, there is a holding of the thief to make him/her work to compensate for that which was stolen.

                    This can be clealry seen in the example of Joseph dealing with his brother in 1271-75

                    JK- The compaensation law itself sounds reasobale but how can this be derived from the Arabic verse where GOD says to "aqta(cut/mark)" the hands? In the same sura Joseph the women also "cut(qata)" their hands, but this only shows that the whole hand aint to be cut like RK has promoted but not that no marks on the hand are to be done at all. GOD Bless!

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                    • A Offline
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                      ahmed812
                      wrote on last edited by
                      #12

                      Salaam All,

                      Would it be OK to take Joseph's example for dealing with thieves ?

                      We need to look at the other example also. Why is Joseph put in Jail ? for Adultery ? Since we know the punishment for adultery is not Prison, will it be OK to take the scenario of theft.

                      This thought just occured to me. Please correct me where i am wrong.

                      Salaam

                      Ahmed

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                      • Z Offline
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                        zenje
                        wrote on last edited by
                        #13

                        Peace ahmed812,

                        The punishment applied to Joseph was not of God's laws, as you mentioned we know prison is not punishment for adultery. Infact, Joseph chose the punishment to stay away from trouble.
                        1232. She said ?This is the one whom you blamed me for, and I have seduced him from himself but he refused. And if he does not do as I command him, he will be imprisoned, and he will be one of those disgraced.?
                        1233. He said ?My Lord, prison is better to me than what they are inviting me to do. And if You do not turn their scheming away from me, I will fall for them and be of the ignorant.?

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                        • A Offline
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                          ahmed812
                          wrote on last edited by
                          #14

                          Salaam,

                          I would like to understand why you say that it was not God's law ?

                          1235
                          Later, they saw to it, despite the clear proofs, that they should imprison him for awhile.

                          From this verse, I do get the understanding that even though he tried to prove his innocence, he was jailed for adultery.

                          On the same lines, if you look at the punishment for theft, how does one conclude it was not king's law ?

                          1272
                          They said, "We lost the king's cup. Anyone who returns it will receive an extra camel-load; I personally guarantee this."

                          1274
                          They said, "What is the punishment for the thief, if you are liars?"

                          1275
                          They said, "The punishment, if it is found in his bag, is that the thief belongs to you. We thus punish the guilty."

                          1276
                          He then started by inspecting their containers, before getting to his brother's container, and he extracted it out of his brother's container. We thus perfected the scheme for Joseph; he could not have kept his brother if he applied the king's law. But that was the will of GOD. We exalt whomever we choose to higher ranks. Above every knowledgeable one, there is one who is even more knowledgeable.

                          Also, Can you help me understand what the punishment would have been otherwise ? i.e., if it had been the king's law

                          Thanks for being patient !!

                          Salaam

                          Ahmed

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                          • A Offline
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                            ahmed812
                            wrote on last edited by
                            #15

                            Salaam,

                            Also, can you help me understand why 1272 and 1274 has "He Said" instead of "They said" in translations on the website ? All others have used THEY.

                            P.S I know very little arabic )

                            Salaam

                            Ahmed

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                            • S Offline
                              S Offline
                              Samia
                              wrote on last edited by
                              #16

                              Salaam,

                              Also, can you help me understand why 1272 and 1274 has "He Said" instead of "They said" in translations on the website ? All others have used THEY.

                              It is "they" Joseph's men, or at least Joseph and the crier (in verse 1270)

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                              • A Offline
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                                ahmed812
                                wrote on last edited by
                                #17

                                Salaam,

                                Thanks !

                                Also, it is interesting to noite the last part of the sentence. It has I.

                                " I personally guarantee this"

                                Ahmed

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                                • LaythL Offline
                                  LaythL Offline
                                  Layth
                                  wrote on last edited by
                                  #18

                                  Salam Jonny,

                                  JK- The compaensation law itself sounds reasobale but how can this be derived from the Arabic verse where GOD says to "aqta(cut/mark)" the hands? In the same sura Joseph the women also "cut(qata)" their hands, but this only shows that the whole hand aint to be cut like RK has promoted but not that no marks on the hand are to be done at all. GOD Bless!

                                  You are refering to two different words which is the source of all this confusion.

                                  The verse 1231 (as well as 533, and 7124) all use the word Qattiu (with a shadda on the ta) which is correctly translated as cut/sever

                                  Verse 538 uses the word Iqtau (without the shadda) which is translated correctly as stop/suspend/withhold (see 1325 for the useage of the same word).

                                  Ahmed,

                                  Also, can you help me understand why 1272 and 1274 has "He Said" instead of "They said" in translations on the website ? All others have used THEY

                                  It should be they. Thanks for pointing out the error, it will be corrected.

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                                  • A Offline
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                                    ahmed812
                                    wrote on last edited by
                                    #19

                                    Thanks. All Praise belongs to God.

                                    On the article, I had another question.

                                    1275
                                    They said, "The punishment, if it is found in his bag, is that the thief belongs to you. We thus punish the guilty."

                                    Does this not mean that the thief becomes the owner's slave ?

                                    The Bible also indicates the same thing.

                                    Bible Genesis Chapter 44
                                    10 And he said, Now also let it be according unto your words he with whom it is found shall be my servant; and ye shall be blameless.

                                    So my question again would be .... Can we apply this today ?

                                    Salaam

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                                    • Z Offline
                                      Z Offline
                                      zenje
                                      wrote on last edited by
                                      #20

                                      Peace Ahmed

                                      1235
                                      Later, they saw to it, despite the clear proofs, that they should imprison him for awhile.

                                      From this verse, I do get the understanding that even though he tried to prove his innocence, he was jailed for adultery.

                                      On the same lines, if you look at the punishment for theft, how does one conclude it was not king's law ?

                                      1272
                                      They said, "We lost the king's cup. Anyone who returns it will receive an extra camel-load; I personally guarantee this."

                                      1274
                                      They said, "What is the punishment for the thief, if you are liars?"

                                      1275
                                      They said, "The punishment, if it is found in his bag, is that the thief belongs to you. We thus punish the guilty."

                                      1276
                                      He then started by inspecting their containers, before getting to his brother's container, and he extracted it out of his brother's container. We thus perfected the scheme for Joseph; he could not have kept his brother if he applied the king's law. But that was the will of GOD. We exalt whomever we choose to higher ranks. Above every knowledgeable one, there is one who is even more knowledgeable.

                                      Also, Can you help me understand what the punishment would have been otherwise ? i.e., if it had been the king's law

                                      The only reason I say that imprisonment is not God's law in this case, was because it was issued by the governor's wife first. Please note, you said yourself earlier, "Since we know the punishment for adultery is not Prison"... That's why I even brought this point up. To clarify, I'm not just saying it's not God's law, because someone else, other than the messenger issues such an order, but in this case I mention it just to make it clear.

                                      Secondly, Joseph, being messenger of God, cannot go against God's laws or even issue unfitting punishments, just because the King said so. As noted before, he'd rather face imprisonment or even death, than go against God's laws.

                                      Peace.

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                                      • A Offline
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                                        ahmed812
                                        wrote on last edited by
                                        #21

                                        Peace

                                        The only reason I say that imprisonment is not God's law in this case, was because it was issued by the governor's wife first. Please note, you said yourself earlier, "Since we know the punishment for adultery is not Prison"...

                                        1232
                                        She said, "This is the one you blamed me for falling in love with. I did indeed try to seduce him, and he refused. Unless he does what I command him to do, he will surely go to prison, and will be debased."

                                        1233
                                        He said, "My Lord, the prison is better than giving in to them. Unless You divert their scheming from me, I may desire them and behave like the ignorant ones."

                                        1235
                                        Later, they saw to it, despite the clear proofs, that they should imprison him for awhile.

                                        I dont think we can ignore just because the governor's wife said it first. She is not issuing an order. From 1235, it is clear that he is sentenced to jail.

                                        Also on the same lines, for the punishment for theft.

                                        1275
                                        They said, "The punishment, if it is found in his bag, is that the thief belongs to you. We thus punish the guilty."

                                        1276
                                        He then started by inspecting their containers, before getting to his brother's container, and he extracted it out of his brother's container. We thus perfected the scheme for Joseph; he could not have kept his brother if he applied the king's law. But that was the will of GOD. We exalt whomever we choose to higher ranks. Above every knowledgeable one, there is one who is even more knowledgeable.

                                        If you look at the verse 1275, it is said by Joseph's brothers when they are asked for what was a just punishment if they were found guilty. And from 1276,we know it is not King's law. So it was Joseph's scheme to get his brother. Joseph did not issue the command.

                                        And the punishment per 1275 is Slavery as i mentioned in my previous post.

                                        Please correct me if i am wrong.

                                        MA, I am learning a lot. Thanks !

                                        Salaam

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                                        • U Offline
                                          U Offline
                                          unknownuser
                                          wrote on last edited by
                                          #22

                                          Peace Ahmed, all,

                                          The imprisonment of Joseph was not for committing adultery but for refusing to obey the command of the governor's wife to commit adultery with her

                                          1232 She said "This is the one whom you blamed me for, and I have seduced him from himself but he refused. And if he does not do as I command him, he will be imprisoned, and he will be one of those disgraced."

                                          This imprisonment was clearly not God's law as is clear from 1233-35. In any case, the punishment was not for adultery but for refusal to obey someone's command.

                                          As far as the punishment for theft is concerned, the way Joseph's brother was punished was also clearly not God's law, and we cannot use what happened to Joseph's brother as explanation for 538, so I agree with brother Ahmed here. As per 1275 and 1279, the punishment of Joseph's brother for theft was slavery, which was suggested by his brothers and accepted under the king's system. God's law for punishment for theft per 538 is to withhold the thief's resources as a compensation for what the thief gathered/acquired unlawfully.

                                          The way 1276 is worded, it appears that the punishment given to Joseph's brother was the king's system

                                          1276 So he began with their bags before his brother's bag. Then he brought it out of his brother's bag. It was such that We planned for Joseph, for he would not have been able to take his brother under the king's system, EXCEPT that God wished it so. We raise the degrees of whom We please, and over every one of knowledge is the All Knowledgeable.

                                          "He would not have been able to take his brother under the king's system, except that God wished it so"; here the word "except" makes it clear that the punishment was according to the king's system, meaning that Joseph would not have been able to take his brother under the king's system if God had not wished it so.

                                          As to how much resources should be withheld from the thief, please see the post at the following link for an interesting explanation

                                          http//free-minds.org/forum/index.php?topic=11317.msg75027#msg75027

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