Is the thief subject to amputation for extracting milk from livestock after entering the secure enclosure (Hirz)?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 2

Open in Qurani

Primary text

The thief who enters a secure enclosure, extracts milk from livestock, and then removes it is subject to amputation. This is the position of Al-Shafi'i. Amputation is necessitated because the item (milk) was removed from the enclosure.

Supporting text

Abu Hanifa holds that there is no amputation because the milk is a fluid substance. Previous discussion confirms this stance.