អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

Rather, we said: It is forbidden in Sharia law. In order to avoid voluntary actions that are not forbidden in Sharia, even though it is considered disgraceful in custom (1), such as cupping[(2)] and the like[(3)], it is meant to be low-minded(4), and likewise in Persian, Ya Naks: If the nobles are said to be azr[(5)], and to others no, do you not see that the vulgar[(6)], do not care about actions that contain vileness and vileness?

Rather, we said: It is considered a disgrace according to custom. To be careful [(1)] against voluntary actions that are forbidden by law, and (2) is not considered a disgrace according to custom, such as playing dice (3) [(4)], singing (5) [(1)], and acts of the Diwan in our time (2) [(3)].

Then the manner and quantity of the punishment are left [(1)] to the opinion of the imam[(2)], so the greatness and minorness of the crime[(3)] is taken into account, and the condition of the one who said it[(4)] and the one being spoken of[(5)](6). [And God knows best] (7).

Theft book (1)[(2)] (Its pillar: taking secretly [(3)].

Its replacement: owned property[(1)] owned, which is a condition[(1)]); [(2)] The place of the action is a condition for the action because it is external to it and requires it.

(The quorum[(3)] is ten dirhams[(4)][(1)] multiplied[(2)]). Know that the aforementioned money is estimated at the quorum, which is the amount of ten dirhams multiplied by silver (3). According to Al-Shafi’i (4) - may God be pleased with him - a quarter of a gold dinar. And Malik (5) - may God be pleased with him - has three dirhams. (And its ruling: cutting.

If an accountable [(1)] free man or slave[(2)] steals, the quorum will be estimated and recorded without suspicion), as a precaution against the presence of suspicion in the record, as if it was stolen from the house of a mahram relative[(3)], (in a place[(4)]: such as a house, or a box, or in a safe such as someone sitting on a road or a mosque who has his money(5), and he acknowledged it once[(6)]), this[(7)] according to Abu Hanifa and Muhammad - may God be pleased with them -, According to Abu Yusuf[(8)] - may God be pleased with him - he must confess twice by analogy to adultery[(9)], so each confession is equivalent to one witness. We said [(1)]: The four conditions for adultery are stipulated in the text contrary to analogy, and with regard to everything else, the principle remains, which is that the person is held accountable (2) for his acknowledgment. (Or two men testified[(3)], and the imam asked them: How is it? What is it? When? Where is it? How much is it? And from whom did it steal? [For](4) we have made clear it is decisive.(5)

He asked [(1)](2) What is it? Because perhaps[(3)] he is under the illusion that he does not need to be hidden, as in grand theft[(4)]: i.e. blocking the road. How was this theft? To know[(5)] that he brought it out or gave it to someone who was leaving. And when was it? To know whether it is obsolete or not [(6)]. And where was she? That is, in the house of Islam or the house of war[(7)]?

How much is due to theft? What is stolen [(1)] is asked about the quantity; To know whether the stolen item was a fraud or not. Who did he steal from? To know whether he is a relative of a mahram or not.

(If he participated, he combined it[(2)], and both of them were taken): that is, each one[(3)], (a quorum amount[(4)] was cut off[(1)], and if some of them were taken)(2): that is, even though the taking (3) came from (4) only some of them.

[Chapter: What is cut with it and what is not] (And cutting (1) with teak (2) [(3)], canna (4), ebony (5), sandalwood (6), green cloves (7), rubies, aquamarines, and pearls (8), and the vessel and the door [(9) ] are made [(1)] (2) of wood (3)); I only counted [(4)] these things; Because it is of the same type as wood and stone, which are permissible in deserts[(5)] and mountains, one may imagine that (6) there is no cutting in it.

(No trifles[(1)] that are permissible in our house: wood[(2)], grass, reed[(3)], fish[(4)], game[(5)], arsenic(6)[(7)], ochre(8)[(9)], and light[(10)], nor anything that spoils[(11)] quickly, such as milk, meat, and moist fruit[(12)], and dates(1) on Trees[(2)], and watermelons[(3)]: This is according to Abu Hanifa and Muhammad - may God be pleased with them -. According to Abu Yusuf - may God be pleased with him - it is cut in everything except clay[(4)], dirt, and sorghum. According to Al-Shafi’i (5) - may God be pleased with him - the fact that the thing is originally permissible, such as firewood, nor the fact that it is moist, such as fruit, nor the fact that it is subject to corruption (6) does not preclude cutting.

And for us [(7)]: Aisha’s saying - may God be pleased with her -: ((The hand was not cut off during the era of the Messenger of God - may God bless him and grant him peace - for trivial matters) (1) meaning despicable. And his saying - may God bless him and grant him peace -: ((There is no cutting of birds)) (2). And his saying - may God bless him and grant him peace -: ((No cutting of fruit[(3)] or trees))(4).

(And he sowed but did not reap [(1)]); For not scoring.

(And there are no singing bowls[(2)], amusement instruments[(3)], a cross[(4)] of gold or silver, or chess and dice[(5)]). Because he says[(1)] I took it for spilling and breaking[(2)].

(And the door of a mosque[(3)])(4); For lack of achievement, contrary to Al-Shafi’i (5) - may God be pleased with him - (and the Qur’an [(6)]); Because he says I took him to read, contrary to Abu Yusuf and Al-Shafi’i (7) - may God be pleased with them -, (and a boy [(8)] was free); Because it is not money, (even two local ones[(9) ]), it is due to the Qur’an and the boy, for the jewelery is followed[(1)]. According to Abu Yusuf - may God be pleased with him - if the jewelry reaches the quorum, it is cut off. (And a slave and a notebook (2) [(3)] except for the small one, and the account book); Because taking the great slave would be by force or (4) deception, not theft, and the book is intended for what is in it, and it is not money. As for the account book, what is meant is money[(5)], and it is not stolen for a non-financial benefit.

(Not in a dog, a leopard[(1)], betrayal(2)[(3)], stealth(1), plundering(2)[(3)], scavenging[(4)], and general wealth[(1)]), the perfection of the treasury.

(And money in which he has a share, and the equivalent of his right[(1)] immediately[(2)], or deferred): That is, if he has the last dirhams, whether immediate or deferred, then he steals something like it, (even with more[(3)]); Because according to his right, he becomes a partner [in it] (4). (And what was cut in it, while it was in its condition [(5)]): That is, it is not cut off by stealing something that was cut in it once, then it reached its owner, then he stole it, and the situation is that it has not changed from its condition, and this is with us.

As for Abu Yusuf and Al-Shafi’i, may God have mercy on him, it is cut off; According to his saying [(1)] - may God bless him and grant him peace -: ((If he returns, cut him off)) (1).

We have: The infallibility of [(2)] the stolen property has been waived[(1)] as follows in the issue: sequestration with warranty(2), then if the stolen item is returned[(3)] to its owner, then the infallibility is restored, and if it is restored, then the suspicion of its forfeiture is waived[(4)] the sequestration.