4959 — Al-Harith ibn Miskin said — as it was read to him while I was listening — on the authority of Ibn Wahb, who said: 'Amr ibn al-Harith and Hisham ibn Sa'd informed me, on the authority of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather 'Abdullah ibn 'Amr, that a man from Muzaynah came to the Messenger of Allah, peace and blessings be upon him, and said: "O Messenger of Allah, what is your opinion regarding the livestock [stolen] from the mountain pasture?" He said: "It and its like, and the exemplary punishment [are due]. There is no amputation for anything among livestock except for what was sheltered in the enclosure. If it reaches the value of a shield, then the hand is amputated; and if it does not reach the value of a shield, then [the penalty] is a double restitution and exemplary lashings." He said: "O Messenger of Allah, what is your opinion regarding the hanging fruit [on trees]?" He said: "It and its like with it, and the exemplary punishment. There is no amputation for anything among hanging fruit except for what was sheltered in the threshing floor. Whatever is taken from the threshing floor and reaches the value of a shield, then amputation is due for it; and if it does not reach the value of a shield, then [the penalty] is a double restitution and exemplary lashings."

13 — Chapter: What does not incur amputation

4960 — Muhammad ibn Khalid ibn Khali informed us, saying: My father narrated to us, saying: Salamah — meaning Ibn 'Abd al-Malik al-'Awsi — narrated to us, on the authority of al-Hasan — and he is Ibn Salih — on the authority of Yahya ibn Sa'id, on the authority of al-Qasim ibn Muhammad ibn Abi Bakr ——————————————————————————————
= And it is more apparent and more fitting with the principles of the Shari'ah. The doubling is by way of discretionary punishment through property, combining it with the penalty. Most scholars hold that discretionary punishment through property is abrogated.

(1) Its chain is good by virtue of 'Amr ibn al-Harith, and Hisham ibn Sa'd — although there is some weakness in him — has been followed up. Ibn Wahb: he is 'Abdullah. It is in "al-Sunan al-Kubra" under number (7405).
It was also narrated — very briefly — by Ahmad (7094) from Hammad ibn Khalid, from Hisham ibn Sa'd, with this chain.
And the two preceding narrations are to be considered.
His saying: "al-Nakal" — al-Sindi said: i.e., the punishment.

(2) In (R) and in a copy above it in (M): yugta' [is amputated].