Is amputation applicable for stealing the curtain (*sitarah*) of the Kaaba that is external to it?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 2

Open in Qurani

Primary text

Imam Ahmad stated that amputation is not to be applied for stealing the Kaaba's external curtain. Al-Qadi interpreted this to mean only for a curtain that is not sewn, because sewing is what provides it with security (*ihraz*).

Supporting text

Abu Hanifa holds that amputation is never applied in this case, based on the reasoning established for the theft of the fixed door.