Is cutting off the hand mandatory for theft of miscellaneous properties?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The cutting off of the hand is mandatory for the theft of any property other than what is explicitly exempted. This applies to food, clothing, animals, stones, reeds, game, quicklime (naurah), gypsum (juss), arsenic (zarnikh), spices, pottery, glass, or any other item. This is the position held by Malik, Al-Shafi'i, and Abu Thawr. The evidence for this ruling is the general statement of the Almighty: "As for the male thief and the female thief, cut off their hands" (Quran 5:38). Furthermore, there is a narration from 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Messenger of Allah (PBUH) was asked about hanging fruit, and after mentioning the hadith, he stated: "Whoever steals some of it after it has been gathered into the granary, and it reaches the value of a shield, then his hand is cut off." This was narrated by Abu Dawud and others. It is also reported that Uthman (may Allah be pleased with him) was brought a man who had stolen an orange; Uthman ordered it appraised, and when its value reached a quarter of a Dinar, Uthman ordered his hand to be cut off. This is because such property is customarily valued and desired, thus the thief is subject to amputation if the stipulated conditions are met, just like dried goods.
Supporting text
The ruling is contrasted with the view of Abu Hanifa, who exempts the thief of moist food that spoils quickly, such as fruits and cooked dishes, citing the saying of the Messenger of Allah (PBUH): "There is no cutting for fruit or fodder" (Narrated by Abu Dawud). He reasons that such items are prone to destruction, akin to property not properly secured. Furthermore, Abu Hanifa argues that no cutting applies to items whose origin is permissible in the Abode of Islam, such as game and wood, except for teak, ebony, sandalwood, and reeds, or items made from wood, for which cutting applies. Other woods are not subject to cutting because they are often found permissible in the Abode of Islam, resembling soil. Additionally, Abu Hanifa states there is no cutting for horns, even if worked, because the craftsmanship is not dominant over the material's value, unlike worked wood. He also excludes spices, quicklime, gypsum, arsenic, salt, stones, milk, pottery, and glass from having the hand cut off.