What is the ruling if the two witnesses disagree on the specifics of the theft?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the two witnesses disagree concerning the time, location, or the item stolen—such as differing on the day (Thursday vs. Friday), the specific house breached, or whether the item was a bull versus a cow, or a bull versus a donkey—amputation is not performed, according to the collective opinion of Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y).
Supporting text
If the witnesses disagree only on the color of a garment (e.g., white vs. black), or the type of fabric (Harawi vs. Marawi), amputation is also not performed according to Shafi'i, Abu Thawr, and Ibn al-Mundhir, as they have not agreed on one specific thing, resembling disagreement over gender. However, Abu Al-Khattab holds that amputation is performed, supported by Abu Hanifa and the People of Opinion, arguing the disagreement does not affect the core testimony. Ibn al-Mundhir rejects this view for color, stating that color is more apparent than gender, so disagreement on a visible matter should invalidate the testimony if disagreement on an obscured matter invalidates it.