Does the ruling on cutting the hand for theft lapse if the thief legally acquires ownership of the stolen item after being brought before the judge and the claim being made?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the thief acquires ownership of the stolen item after being brought before the judge and the claim being made, the cutting is not dropped.
Supporting text
The Ahl al-Ra'y argue that the cutting is waived because the claim, which is a condition, must be perpetual, and the claim has ceased upon the item becoming the thief's property.