Is the penalty of amputation (*qata'*) applicable for stealing a fixed door of a mosque or the Kaaba?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The primary ruling mandates amputation for stealing a fixed door of a mosque, a fixed door of the Kaaba, or anything stolen from its roof or structural supports. This view is held by Al-Shafi'i, Ibn al-Qasim (a companion of Malik), Abu Thawr, and Ibn al-Mundhir. The justification is that the stolen item constitutes *nisab* (the minimum threshold for theft), is securely guarded in a manner usually guarded, and has no legal ambiguity concerning ownership, thus requiring amputation just as the theft of a private dwelling's door would.
Supporting text
An alternative view holds that no amputation is due. This position is supported by the companions of Al-Ra'y (Hanafi school). The reasoning is that since the object lacks an identifiable creature as an owner, amputation is not enforced, similar to stealing mosque mats or lamps, where amputation is universally rejected because the item is for public benefit, creating a legal doubt (*shubha*) that prevents the application of the penalty, akin to theft from the public treasury (*bayt al-mal*).