What is the ruling on restitution for a thief who committed multiple thefts and is subsequently amputated for the final one?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Abu Hanifa states that the thief must pay restitution for all prior thefts except the last one, for which he was amputated.
Supporting text
Abu Yusuf holds that he pays nothing, reasoning that since he was amputated for the entirety (implying the sum of thefts), he should not pay restitution for any of it, similar to the last theft alone. They argue based on the narration that when the prescribed penalty (hadd) is executed upon the thief, there is no restitution upon him. Furthermore, restitution implies ownership transfer, which prevents amputation, thus the two cannot be combined.