سنن نسائی · Hadith 4974

It was narrated from ‘Amr bin Shuaib, from his father, from his grandfather, ‘Abdullah bin ‘Amr, that a man from Muzainah came to the Messenger of Allah صلی اللہ علیہ وآلہ وسلم and said: “Messenger of Allah صلی اللہ علیہ وآلہ وسلم, what do you think about a sheep stolen from the pasture?” He said: “(The thief must pay) double and be punished. There is no cutting off of the hand for (stealing) livestock, except what which has been put in the pen, if its value is equal to that of a shield, in which case the (thief ) hand is to be cut off. If its value is not equal to that of a shield, then he should pay a penalty of twice its value and be flogged as a punishment.” He said: “Messenger of Allah صلی اللہ علیہ وآلہ وسلم! What do you think about fruit on the tree?” He said: “(The thief must pay) double and be punished. There is no cutting off of the hand for (stealing) fruit on the tree, except for that which has been stored properly if its value is equal to that of a shield, in which case the (thief s) hand is to be cut off. If its value is not equal to that of a shield, then he should pay a penalty of twice its value and be flogged as a punishment.” (Hasan)