What is the prescribed punishment for a thief upon the third, fourth, and fifth offenses?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A narration from Uthman, Amr ibn Al-As, and Umar ibn Abd al-Aziz states that the left hand is cut for the third offense, the right foot for the fourth, and he is executed for the fifth. This is based on the Hadith of Jaber detailing successive punishments culminating in execution upon the fifth theft. Another Hadith from Abu Hurayrah states that for theft: cut the hand, then the foot, then the hand, then the foot. The permissibility of cutting the left hand in lieu of the right for subsequent offenses is argued because the left hand is used for striking, as is the right, and the earlier prohibition was due to the severe harm involved, which is mitigated by the established sequence. Furthermore, the practice of Abu Bakr and Umar supports this sequence, following the Prophet's instruction to emulate them.
Supporting text
The ruling of Ali ibn Abi Talib is that upon a second theft after amputation of the hand and foot, the thief should not have further limbs cut, as this destroys his ability to perform essential acts like eating and purification, leading to his imprisonment after severe flogging. The argument against multiple amputations is that cutting both hands nullifies the essential utility of the limb, as does cutting both hands and feet, which should be prevented in *hadd* punishments just as killing is avoided. The Hadith of Jaber is contested as applying to a person deserving execution from the first instance, and the narration regarding Abu Bakr and Umar is countered by the position of Ali, with a report indicating Umar later reverted to Ali's view after consultation, choosing imprisonment instead of further amputation.