Is the theft of musical instruments (like a lute, flute, or reed pipe) punishable by amputation if their value reaches the Nisab (threshold)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There is no amputation for the theft of musical instruments, such as the Tumbur (lute), Mizmar (pipe), or Shababa (reed pipe), even if their disassembled value reaches the Nisab. This is the position held by Abu Hanifa. The evidence for this is that these items are tools for disobedience by consensus, so their theft is not penalized, similar to wine. Additionally, the owner has a right to destroy them, which constitutes a valid doubt preventing amputation, akin to the established right over his child's wealth.
Supporting text
The companions of Al-Shafi'i hold that amputation applies if the instrument's value, after being dismantled, reaches the Nisab, because the thief stole something of Nisab value without any ambiguity from its proper custody, making it similar to stolen broken gold. Regarding ornaments affixed to the instrument that reach the Nisab, the Qadi rules that amputation applies, which is the view of Al-Shafi'i, as it constitutes stealing a Nisab amount from its secure place, like an isolated item. Conversely, in a derivation based on Abu Bakr's opinion, there should be no amputation as the ornament is attached to something for which there is no amputation, similar to wood or strings.