Is there a distinction made regarding cutting the hand for theft from the public treasury (Bayt al-Mal) based on the wealth of the thief?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There is no differentiation regarding the application of cutting the hand for theft from the public treasury, regardless of whether the thief is rich or poor. This is based on the principle established by Umar, may Allah be pleased with him, stating that every individual has a right to the funds in the public treasury. This contrasts with the Waqf for the poor, where a rich person has no vested right.
Supporting text
The exemption from the prescribed punishment for a beneficiary stealing from the Waqf is contrasted with the public treasury, where the principle of partnership (every person having a right) applies even to the wealthy thief, unlike a Waqf specifically designated for the poor, where the rich individual has no recognized right to the funds.