What is the ruling regarding cutting off the hand for theft when two individuals cooperate in breaking and entering but only one enters and removes the property?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If one individual breaks into the secured area (hirs) alone, and the second individual enters alone and removes the property, neither receives the cutting penalty. This is because the first individual did not commit theft, and the second individual did not breach the security measure (hirs); rather, they stole from a security measure breached by another. This is analogous to a situation where one man breaches the security and leaves, and another subsequently finds it breached and steals from it. Furthermore, if one individual breaches the security and orders another to remove the property, there is no cutting penalty for either party if the commanded party is a discerning minor (sabiy mumayyiz), because a discerning minor possesses independent choice and is not merely a tool of the issuer, similar to ordering someone to kill a person. However, if the commanded individual is a non-discerning minor, the cutting penalty must be applied to the issuer because the minor is considered their tool.