What is the ruling when two individuals cooperate in breaching the security, but one enters and removes the property alone, or hands it to the other outside the security area, or throws it outside, and the other takes it?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The cutting penalty applies only to the individual who entered and removed the property alone, despite participation in breaching the security. This opinion is held by Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. The basis for this ruling is that the stolen property exited the secured area while in the possession of the one who removed it, thus necessitating the cutting penalty, similar to if he had exited with it. This differs from causing damage within the secured area, where the property is not removed from its security.
Supporting text
Abu Hanifa holds that there is no cutting penalty for either individual because the one who entered did not fully separate himself from the secured area while his hand was on the stolen item, meaning the full condition for the cutting penalty was not met, similar to if he had merely destroyed the property inside the secured area.