What is the second limb to be amputated from a thief upon recidivism?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a thief steals a second time, the left foot is amputated. This is the position held by the majority, including Abu Bakr and 'Umar (may Allah be pleased with them), and supported by the report from Abu Hurairah where the Prophet (peace be upon him) stated concerning the thief: 'If he steals, cut off his hand; then if he steals, cut off his foot.' Furthermore, in the context of *hirabah* (highway robbery) which mandates the severing of two limbs, the hand and the foot are severed, not both hands, suggesting that a crime necessitating the severing of two limbs should result in a foot and a hand. Cutting both hands would deprive him of the ability to eat, perform ablution, clean himself, or defend himself, rendering him effectively deceased, whereas severing the foot avoids this extreme consequence.
Supporting text
Ata' held the view that the left hand should be cut off, citing the verse 'So cut off their hands' (Quran 5:38) and arguing that the hand is an instrument of both theft and striking. This view is also attributed to Rabi'ah and Dawud, but it is considered an isolated opinion contrary to the consensus of the jurists of the major centers of learning, including the Companions and Successors.