Is the cutting penalty applicable for stealing a free person (*Hur*)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The cutting penalty is not applicable for stealing something that is not considered property (*mal*), such as a free person, regardless of whether the free person is mature or a minor. This is the position of Al-Shafi'i, Al-Thawri, Abu Thawr, the people of opinion (*Ashab al-Ra'y*), and Ibn al-Mundhir.
Supporting text
Al-Hasan, Al-Sha'bi, Malik, and Ishaq hold that a minor free person should suffer the cutting penalty if stolen because they lack discernment, resembling a slave. Abu Al-Khattab narrated this as a position from Ahmad.