Is the theft of clothes subject to amputation if the owner is seated upon them, leaning on them, or if they are in front of him while he guards them?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The thief's hand must be amputated in all cases if the owner is seated upon the garments, resting upon them, or sitting with them before him guarding them. This is analogous to the ruling concerning the theft of Safwan's cloak from the mosque while he was resting upon it. Similarly, if a designated representative, such as the bath attendant (hammami) or another person, guards the clothes in this manner, the thief is subject to amputation because the property is considered secured (muhrazah).