English Translation

Among them is what Abu Sa'id ibn Abi Amr informed us: Abu al-Abbas Muhammad ibn Ya'qub narrated to us: Ahmad ibn Abd al-Hamid al-Harithi narrated to us: Abu Usamah narrated to us, from al-Walid ibn Kathir: Amr ibn Shu'ayb narrated to me, from his father, from his grandfather, who said: I heard a man from [the tribe of] Muzaynah ask the Messenger of Allah (peace and blessings be upon him), while I was listening, about the stray animal (dallah) — and he mentioned the hadith. He said: Then he asked him about the fruit that a man comes upon. He [the Prophet] said: "Whatever [fruit] one takes while it is still in its sheaths — meaning [still up] on the heads of the palms — and carries it off, [the penalty is] its value and the like of it along with it, and a punitive beating (nakal). And whatever is [taken] from its drying-floor (jurn) after being [gathered], for that there is amputation [of the hand] if it reaches the value of a shield (mijann). But if he eats with his mouth and does not take [any away], nor makes a bundle of it, then there is nothing upon him." If this is authentic, it is understood to mean that there is no amputation upon him, since he did not remove it from its place of safekeeping (hirz).