What is the ruling when a claimant proves theft of an amount requiring amputation (nissab) from its guarded place using one male witness plus an oath, or one male witness and two female witnesses?

General Chapter

Al-Mughni

Book of Testimonies

Book 63 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man claims another stole an amount requiring amputation (nissab) from its guarded place and presents one male witness who swears alongside him, or one male witness and two female witnesses, the claimant is entitled to the property proven to be stolen if it remains, or its value if destroyed. Amputation (cutting the hand) is not obligatory because this evidence suffices for financial restitution (dhaman) but not for establishing a Hadd punishment.