Is amputation incumbent if the stolen item is found diminished in value, and it is unknown whether the diminution occurred at the time of theft or afterward?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the item is found diminished in value, and it is unknown whether it was deficient at the time of theft or the deficiency occurred later, amputation is not incumbent. This is because the obligation is not established when there is doubt concerning one of its conditions, and the default presumption is non-obligation.