Does amputation become waived if the value of the stolen item decreases below the minimum threshold (nisab) before the judgment is rendered or after?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the value of the stolen item decreases below the nisab before judgment, amputation is waived according to Malik and Shafi'i. The evidence is the verse: {And as for the thief, both of them, cut off their hands} (Quran 5:38). Furthermore, a decrease in value occurring after the theft does not prevent amputation, just as a decrease resulting from the thief's use does not prevent it. The nisab is a condition for the obligation of amputation, but its continuous maintenance is not required, unlike the condition of secure keeping (hirz).
Supporting text
Abu Hanifa holds that amputation is waived because the nisab is a condition, and its continuity must be observed. However, the counter-argument refutes this by pointing to the condition of hirz; if the hirz is removed or ownership changes, amputation is not waived.