What is the ruling on cutting the hand of a thief who steals a shroud exceeding the prescribed measure?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed shroud for a man is no more than three wrappings, and for a woman, no more than five wrappings. If the excess amount beyond this measure is stolen, the thief is not subject to *qata'* (amputation of the hand). Similarly, if the deceased is left in a coffin and the coffin itself is stolen, or if perfume, gold, silver, or jewels are left with the deceased and stolen, the thief is not subject to *qata'* for taking any of these items.
Supporting text
The reason the thief is not subject to *qata'* for these items is that they do not constitute a prescribed shroud. Leaving the excess material or valuables with the deceased is considered foolishness and wastefulness, and therefore, these items are not considered securely guarded (*muhraz*).