Is removal from a secure place (hirz) a condition for establishing the legal decree of cutting off the hand for theft?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Removal from a secure place (hirz) is a condition for applying the punishment of cutting off the hand. This is the position held by the majority of scholars, including 'Ata, al-Sha'bi, Abu al-Aswad al-Du'ali, 'Umar ibn 'Abd al-'Aziz, al-Zuhri, 'Amr ibn Dinar, al-Thawri, Malik, al-Shafi'i, and the School of Opinion (Ahl al-Ra'y). Evidence for this includes the Hadith related by 'Amr ibn Shu'ayb, from his father, from his grandfather, stating that what is taken from secure storage (khaza'in) warrants cutting off the hand if it reaches the value of a shield (mijn). This Hadith specifically qualifies the general ruling of the Quranic verse concerning theft, similar to how the Nisab (threshold amount) is qualified.
Supporting text
A dissenting view is attributed to 'A'ishah, al-Hasan, and al-Nakha'i, who held that cutting off the hand is due even if the collected goods were not fully removed from the secure place. Furthermore, Dawud is reported to have negated the requirement of 'hirz' entirely because the relevant Quranic verse does not specify such a condition. These opposing views are considered isolated and unconfirmed.