سَأَلْتُ أَبَا عَبْدِ اللَّهِ ( عليه السلام ) عَنْ رَجُلٍ ثَقَبَ بَيْتاً فَأُخِذَ قَبْلَ أَنْ يَصِلَ إِلَى شَيْءٍ قَالَ يُعَاقَبُ فَإِنْ أُخِذَ وَ قَدْ أَخْرَجَ مَتَاعاً فَعَلَيْهِ الْقَطْعُ قَالَ وَ سَأَلْتُهُ عَنْ رَجُلٍ أَخَذُوهُ وَ قَدْ حَمَلَ كَارَةً مِنْ ثِيَابٍ وَ قَالَ صَاحِبُ الْبَيْتِ أَعْطَانِيهَا قَالَ يُدْرَأُ عَنْهُ الْقَطْعُ إِلَّا أَنْ يَقُومَ عَلَيْهِ الْبَيِّنَةُ فَإِنْ قَامَتِ الْبَيِّنَةُ عَلَيْهِ قُطِعَ قَالَ وَ يُقْطَعُ الْيَدُ وَ الرِّجْلُ ثُمَّ لَا يُقْطَعُ بَعْدُ وَ لَكِنْ إِنْ عَادَ حُبِسَ وَ أُنْفِقَ عَلَيْهِ مِنْ بَيْتِ مَالِ الْمُسْلِمِينَ .
Translation
Ali Bin Ibrahim, from his father, from Ibn Abu Umeyr, from Hammad, from Al Halby who said, ‘I asked Abu Abdullah<sup>asws</sup> about a man who pierced a hole in a house (to steal), but he was seized before he could arrive to anything. He<sup>asws</sup> said: ‘He would be punished. So if he was seized and he had extracted goods (from the house), so upon him would be the cutting (of the hand)’. He (the narrator) said, ‘And I asked him<sup>asws</sup> about a man who was seized and he was carrying a bundle of clothes, and said that the owner of the house had given these to him’. He<sup>asws</sup> said: ‘The cutting would be staved off from him except if the proof is established upon him. So if the proof is established upon him, his (hand) would be cut’. He<sup>asws</sup> said: ‘The hand and the leg would be cut, then no other (parts) of his be cut afterwards, but if he were to repeat, he would be imprisoned and would be expended upon from the public treasury of the Muslims’.
Compiled by Shaykh Muhammad ibn Ya'qub al-Kulayni
Source
License: Free for educational and research use (Thaqalayn Data API)
Provided for research and educational purposes. Original source: Thaqalayn Project. Open License.