What is the ruling regarding the *mudabbar*, the *umm walad*, and the *mukatab* stealing from their master's wealth?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The *mudabbar* (a slave designated for freedom upon the master's death), the *umm walad* (mother of the master's child), and the *mukatab* (a slave striving to buy his freedom) are treated the same as a bonded slave (*qinn*) regarding theft from their master's wealth; no cutting is imposed. This is the position of Al-Thawri, Ishaq, Abu Thawr, and the People of Opinion. The master of the *mukatab* is not subject to cutting for stealing his property because he is considered a slave as long as a single dirham remains due. Similarly, anyone exempted from having his hand cut for stealing from his own property (like fathers or sons) is also exempt from having his slave cut for stealing from his property. This is the position of the People of Opinion and Al-Shafi'i, each adhering to their respective foundational principles.
Supporting text
Abu Thawr holds that the *mukatab* is cut for stealing from anyone other than his master. A similar view is held by Malik and Ibn al-Mundhir. The evidence for exemption is the hadith of Umar, and because their wealth is treated as the master's own wealth concerning the removal of the penalty, it must likewise be treated as such concerning the punishment of their slaves.