Is the punishment for a thief from the spoils of war (non-Ghalul) the same as for a Ghalul (one who commits embezzlement from the spoils)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The thief from the spoils of war is not treated like a Ghalul concerning the burning of his possessions. The Ghalul is not treated like the common thief concerning the amputation of his hand. Some scholars argue the thief's possessions should be burned because he is in the meaning of a Ghalul, and since the prescribed Hadd punishment is averted, another penalty must be prescribed, similar to how a thief of fruit is made to compensate for double the value stolen.
Supporting text
The main position refutes this, arguing that the term Ghalul does not strictly apply to him, nor is he in its meaning, because Ghalul involves taking unguarded property where secrecy is common, necessitating a strong deterrent. Theft, conversely, involves taking guarded property, thus requiring less deterrence.