Is a dwelling in the wilderness without a guard considered a proper 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 a dwelling is situated in the wilderness without a guard and is not structured in a manner that makes it a Hirz for what it contains, then taking anything from its wall does not warrant amputation. This is based on the principle that if it does not serve as a Hirz for its contents, it certainly does not serve as a Hirz for itself.