Is the landlord liable for cutting (amputation for theft) if the tenant's property is stolen from the rented house?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 2

Open in Qurani

Primary text

The landlord is liable for the cutting penalty (amputation for theft) if the tenant's property is stolen from the rented property. This view is held by Al-Shafi'i and Abu Hanifa. The evidence rests on the fact that the landlord breached a protected enclosure (hirz) and stole an amount reaching the minimum threshold (nisab) without any ambiguity, thus making cutting obligatory, similar to theft from the tenant's own property.

Supporting text

The two companions of Abu Hanifa argue that the cutting penalty does not apply because the usufruct (manfa'a) originates in the landlord's property and then transfers to the tenant. This argument is rejected.