Is there a penalty (cutting of the hand) for stealing a gold or silver crucifix that reaches the *nisab* (minimum threshold for theft punishment) when intact?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The hand is not cut off for stealing a gold or silver crucifix that reaches the *nisab* when intact. This is the position held by Al-Qadi (the Judge) and Abu Hanifa. The reasoning rests on distinguishing this case from prior issues where the item was broken below the *nisab*. Here, even if broken, the value of the gold or silver itself remains above the *nisab*. The intrinsic nature (gold or silver) dominates the forbidden craftsmanship, making the craftsmanship negligible relative to the inherent value. This contrasts with other objects where the craftsmanship dominates the inherent material value.
Supporting text
Abu Al-Khattab holds that the thief's hand must be cut off, which is the position of the Shafi'i school. This ruling is based on the general principles previously established concerning theft.