Is cutting obligatory if the wind blows the thrown property out of the enclosure?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 2

Open in Qurani

Primary text

If the thief throws the property and the wind carries it out, cutting is obligatory. This is because if the initial action originates from the thief, the action of the wind does not negate the obligation, similar to when a thrown arrow is aided by the wind to kill game (which renders the game lawful) or when thrown pebbles (jamar) are aided by the wind to hit the target (which counts as a valid throw). This situation is analogous to leaving the property in water that carries it away.