Is cutting obligatory if property left on an animal or in still water is removed without the thief's subsequent action?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 2

Open in Qurani

Primary text

There are two views regarding cases where property is left on an animal that leaves on its own without being driven, or if property left in still water escapes when the water flows, or if property attached to a garment is blown away by the wind while hanging in the air. One opinion states that cutting is obligatory because the thief's action was the cause (sabab) of its removal, similar to driving the animal or opening the water source.

Supporting text

The second view states that cutting is not obligatory because the water was not an implement of removal; rather, the property exited due to a consequential accident not caused by his further action, and the animal possesses its own will (ikhtiyar).