Is there a cutting penalty for stealing fruit that has been gathered (secured)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If stolen fruit has been gathered into the granary and reaches the value equivalent to a shield, the hand of the thief must be cut off. This is derived from the interpretation of the hadith regarding hanging fruit.
Supporting text
The opposing view suggests no cutting for hanging fruit. However, the supported ruling clarifies that the exemption applies only to the fruit while it is hanging, not after it has been secured.