Does the permissibility of certain resources in the Abode of Islam negate the penalty for their theft?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 2

Open in Qurani

Primary text

The argument that certain items should not incur cutting because they are often found permissible in the Abode of Islam, like soil, is invalid. This is refuted by citing gold, silver, iron, copper, and other minerals, which are also found in the Abode of Islam, yet their theft incurs cutting if conditions are met. The issue regarding soil has already been addressed.