What is the ruling if a thief swallows a jewel inside the enclosure and it is not subsequently retrieved?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the thief enters the enclosure, swallows a jewel, and it is not expelled, there is no amputation because the thief destroyed the item within the enclosure.
Supporting text
If the jewel is expelled, there are two opinions. One view mandates amputation because the thief removed the item in its container (the body), similar to removing an item in one's sleeve. The opposing view denies amputation because swallowing constitutes destruction, and the thief was compelled to expel it for his own exit.