Is a slave subject to the cutting penalty for stealing from the property of his master?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A slave has no cutting penalty for stealing from his master's property, according to the consensus of the scholars. Abu Thawr also agrees on this. Evidence for this is the ruling of Umar ibn Al-Khattab, who forgave a slave accused of stealing a mirror belonging to his master's wife, stating, 'Your servant took your property,' and in another narration, 'Your property stole from itself, there is no cutting upon him.' These widely known legal decisions have no known opposition, establishing consensus (*ijma*), which specializes the general verse. This consensus among early Imams and scholars precludes dissenting opinions from later scholars.
Supporting text
It is narrated that Dawood was of the opinion that the slave should be cut, based on the generality of the Quranic verse. However, the consensus of the early scholars is preferred.