Is the prescribed corporal punishment (cutting the hand) applicable for theft from endowed property (Waqf) if the thief is one of the designated beneficiaries?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 2

Open in Qurani

Primary text

The prescribed punishment for theft (cutting the hand) is not applicable if the thief steals from the endowed property or its yield, provided the thief is one of the designated beneficiaries (e.g., a poor person stealing from a Waqf designated for the poor). This is because the beneficiary is considered a partner in the property, thus negating the condition for cutting the hand for theft from shared property.