What is the prescribed punishment for a thief who repeats theft after having his hand and foot amputated?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a thief repeats theft after the amputation of his hand and foot, nothing further is amputated; instead, he is imprisoned and disciplined (*ta'zir*). This is the position of Ali ibn Abi Talib, Al-Hasan, Ash-Sha'bi, An-Nakha'i, Az-Zuhri, Hammad, Ath-Thawri, and the Ashab ar-Ra'y (Hanafi school).
Supporting text
A narration from Ahmad states that the left hand is cut for the third offense, the right foot for the fourth, and for the fifth, he receives *ta'zir* and imprisonment. Qatadah, Malik, Ash-Shafi'i, Abu Thawr, and Ibn al-Mundhir hold that the hand and foot of one who already had them amputated are amputated (implying the left hand then the right foot, based on other views). A narration transmitted by Jaber states that the Prophet (peace be upon him) ordered the execution of a thief upon the fourth instance, after amputations on previous thefts, because the Prophet (peace be upon him) commanded killing upon the fourth offense after amputation.