Tafsir of Al-Ma'idah 5:38-40

"As for the thief, male and female, cut off their hands..."

"As for the thief, male and female" They are in the nominative case (raf') as an ibtida' (subject), and the predicate (khabar) is omitted according to Sibawayh. It is as if it were said: "Among what is ordained for you is the thief, male and female," meaning: their ruling. Another view is that they are in the nominative case by way of the ibtida' and the predicate is "cut off their hands." The fa (in faqta'u) enters because they contain the meaning of a conditional, as the meaning is: "Whoever steals, male or female, then cut off their hands." The relative noun (al-ladhi) incorporates the meaning of a condition. Isa ibn Umar read it in the accusative case (nasb), and Sibawayh preferred this over the common reading because of the imperative, for "Zayd, strike him" (Zaydan fadribhu) is better than "Zayd, strike him" (Zaydun fadribhu).

"Their hands" It means their hands, and the like. Similar to: "If you two incline your hearts" (At-Tahrim: 4), where the dualization of the genitive (mudaf ilayh) suffices for the dualization of the noun (mudaf). It is intended by "the two hands" the two right hands, as evidenced by the reading of Abdullah [ibn Mas'ud]: "And the thieves, male and female, cut off their right hands."

In Sharia, a thief is one who steals from a secure place (hirz). The point of amputation is the wrist. According to the Khawarij, it is the shoulder. The amount that necessitates amputation is ten dirhams according to Abu Hanifa, and according to Malik and Al-Shafi'i (may Allah have mercy on them), it is a quarter of a dinar. Al-Hasan reported it as one dirham, and in his sermons, he said: "Beware of having your hand cut off for a dirham."

"A recompense" and "an exemplary punishment" Both are objects for the sake of which the action is done (maf'ul lahu).

"But whoever repents" From the thieves.

"After his wrongdoing" After his theft.

"And reforms" His affairs by seeking to settle the grievances/liabilities.

"Then indeed, Allah will accept his repentance" And He will remove from him the punishment of the Hereafter. As for the amputation, it is not removed by repentance according to Abu Hanifa and his companions. According to Al-Shafi'i, in one of his two opinions, it is removed.

"Whom He wills" Those whom wisdom dictates should be punished or forgiven, among those who persist in sin or those who repent. It is said that the hadd (prescribed punishment) is dropped for a harbi (non-Muslim at war) if he repents, to be more inviting to Islam and less repelling. It is not dropped for a Muslim, because in its execution there is welfare for the believers and life, as in: "And there is life for you in legal retribution" (Al-Baqarah: 179).

If you ask: "Why was punishment mentioned before forgiveness?" I say: Because it corresponds to the mention of theft before repentance.