Is the theft of clothes from a public bathhouse (hammam) subject to amputation (qata') if there is no dedicated guard?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The amputation penalty does not apply to one who steals from a bathhouse where there is no guard, according to the opinion of the majority of scholars. This is because people are generally permitted to enter the bathhouse, treating it similarly to theft from a house one is permitted to enter. Furthermore, the frequent entry of people makes it difficult for a guard to maintain secure custody over the belongings.
Supporting text
If there is a guard present, some opinions mandate the amputation penalty. This is the position held by Malik, Al-Shafi'i, Ishaq, Abu Thawr, and Ibn al-Mundhir, based on the reasoning that the property has a custodian (muhraz), thus warranting the standard penalty for theft from a protected location, similar to a house.