Is the amputation applicable if the stolen slave is sleeping or insane?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the stolen property is an *Umm Walad* (a female slave who has borne her master a child) while she is in a state of sleep or insanity, there are two opinions regarding the amputation of her thief. The first states amputation is not applied because she cannot legally be sold or have ownership transferred, resembling a free woman. The second states amputation is applied because she is owned property for which monetary compensation (*diyah*) is guaranteed, resembling a male slave (*qinn*).
Supporting text
The ruling for a *Mudabbir* (a slave willed to be freed upon the master's death) follows the ruling for a male slave because his sale is permissible and his value is guaranteed.