If a minor is stolen along with property (jewelry or clothing) that meets the Nisab threshold, is the cutting penalty imposed?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a minor free person is stolen, and the minor is wearing jewelry or clothing whose value reaches the *Nisab* threshold, the cutting penalty is not imposed. This is the view of Abu Hanifa and the majority of Shafi'i scholars.
Supporting text
Abu Al-Khattab argued for a second opinion where the penalty is imposed, supported by Abu Yusuf and Ibn al-Mundhir, based on the apparent meaning of the text (Scripture) and the fact that a *Nisab* of jewelry was stolen, necessitating the cutting penalty as if stolen separately. The counter-argument is that the property follows the status of the person whose property is stolen, who is not subject to cutting, similar to the clothes of an adult who is asleep. Furthermore, the minor has possession over what they wear, evidenced by the fact that items found with a foundling belong to the child. Similarly, if an adult is asleep upon their belongings and they are stolen along with the adult, there is no cutting penalty because the adult's control (*yad*) is over them.