What are the liabilities of the thief if the stolen item is destroyed (talifa)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the stolen item is destroyed, the thief must return its value, or its like if it is a fungible item (mithli). This liability for restitution (ghurm) applies whether the thief was amputated or not, and whether he is affluent (mu'sir) or indigent (mu'sir). This is the position of Al-Hasan, Al-Nakha'i, Hammad, Al-Buti, Al-Layth, Shafi'i, Ishaq, and Abu Thawr.
Supporting text
Al-Thawri and Abu Hanifa maintain that restitution and amputation cannot coexist; if restitution occurs before amputation, amputation is dropped, and if amputation occurs before restitution, restitution is dropped. 'Ata, Ibn Sirin, Al-Sha'bi, and Al-Mak'hul state that there is no restitution upon the thief if he is amputated. Malik agreed with the latter regarding the indigent person but disagreed regarding the affluent person.