What is the ruling concerning the *nisab* (minimum threshold) for property taken by highway robbers?

General Chapter

Al-Mughni

Book of Highway Robbers

Book 52 · Issue 11 · Bab 1

Open in Qurani

Primary text

If they take property reaching the *nisab* threshold, they are subject to amputation, even if the share belonging to each individual robber does not reach the *nisab*. This follows the primary view regarding theft. Furthermore, the property must be taken from a secured place (*hirz*); if they take ownerless, unsecured property, the amputation penalty does not apply.

Supporting text

Malik and Abu Thawr maintain that the *nisab* requirement should not be considered, arguing that since the requirement of *hirz* (secured place) is not considered, neither should the *nisab* be considered, as both are conditions related to the property taken. Al-Shafi'i and the Ashab al-Ra'y hold that amputation is only mandatory if the share of each individual reaches the *nisab*.