Is the hand cut off for stealing a vessel containing wine that reaches the *nisab* value?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 2

Open in Qurani

Primary text

The hand is cut off for stealing a vessel containing wine that amounts to the *nisab*. This is the view of Abu Al-Khattab and the Shafi'i school because the thief stole an item of *nisab* value from its proper secure location (*hirz*) with no ambiguity concerning the principal stolen item.

Supporting text

Other companions of our school argue that the hand is not cut because the wine is merely an appendage to an item whose theft does not incur cutting, similar to stealing something jointly owned.