How is the determination of a secure place (hirz) established for the purpose of theft punishment?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
When the requirement of a secure place (hirz) is established in the Lawgiver's decree without explicit delineation, its definition reverts to customary practice (al-'urf). Gold, silver, and jewels kept in securely locked chests and strong locks within inhabited areas constitute a secure place. Clothing and lighter goods, such as copper and lead, are secured in locked shops or houses within inhabited areas, or if a guard is present, even if unlocked. If a dwelling lacks a lock or a guard, it is not considered a secure place. Secure storage units (khaza'in) within a house secure what they contain, but items outside them are not secured.
Supporting text
For homes located in orchards, roads, or deserts, if they are empty of people, they do not constitute a secure place, regardless of whether they are locked or unlocked, because the owner is not considered to be guarding the property when absent from a populated area. If the family or a guard is present, it is considered a secure place, locked or unlocked. Property actively worn, slept upon, or leaned upon by the owner, anywhere, constitutes a secured item, evidenced by the case where the Prophet (PBUH) ordered the cutting of the hand of the thief who stole Safwan's cloak while he was resting on it. If the item rolls away while the person is sleeping, the security is lost; however, if the item remains within sight, such as cloth displayed by vendors or bread by bakers, it remains secured even if the owner sleeps or is temporarily absent from the immediate view. Goods placed in marked baskets with a watching guard are secured, otherwise they are not.