Is amputation mandated if a sheep is slaughtered inside the enclosure, or a garment is cut, and the remaining value after slaughter or cutting meets the Nisab threshold?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the thief slaughters the sheep inside the enclosure or cuts a garment, and the value after slaughter or cutting reaches the Nisab, amputation is obligatory. This is the view of Al-Shafi'i. For the sheep, amputation is required because the resulting meat is considered removed as a completed object of theft.

Supporting text

Abu Hanifa rules that there is no amputation for the meat because he does not consider the theft of meat subject to amputation. For a garment, if the majority of it is cut, there is no amputation because the owner has the option to hold the thief liable for the full value, meaning the thief effectively removed what was already his property. Previous discussion covers these underlying principles.