What is the ruling on amputation if two individuals confess to stealing a Nisab, and one subsequently retracts their confession?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Amputation is imposed upon the remaining confessor because they alone are responsible for maintaining the legal ground for the penalty, thus they alone bear its consequence.
Supporting text
It is suggested that amputation should be dropped for the remaining confessor because the cause (theft) originated from both parties, and one component of that cause has now been invalidated.