What is the penalty for stealing ungathered livestock from the pasture?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If livestock is stolen from the pasture without having been secured (*ihrāz*), the forfeiture required is double its value. This ruling is supported by textual evidence, specifically the narration concerning the matter of a protective sheep (*ash-shāh al-harīsah*), where the Prophet prescribed its value plus its like, and if the theft occurred in the sheepfold (*al-marāḥ*), amputation applies if the stolen amount reaches the value of the *mijn*.
Supporting text
Abu Bakr was of the opinion that double forfeiture is required for theft from areas without secure enclosure, by analogy with hanging fruit and mountain livestock, and by utilizing the evidence from the story of Hattab.