What is the ruling on amputating the hand of a thief whose left hand is already missing, paralyzed, or missing fingers?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a thief's left hand is amputated, paralyzed, or missing fingers, the right hand is not amputated, according to the first narration. This is supported by the ruling that if the left hand was already missing or incapacitated before the right hand was cut, the right hand is not cut. Conversely, the second narration mandates the amputation of the right hand in these circumstances.
Supporting text
If an intentional agent amputates the thief's left hand, retribution (qisas) is due because an inviolable limb was severed. If done unintentionally, the perpetrator owes blood money (diyah). The right hand of the thief is not amputated in this case, according to Abu Thawr and the Ahl al-Ra'y (scholars of opinion).