An example of this is a man who climbs a palm tree, cuts off one or two fruit clusters, and takes them away. He is liable to compensate for them with two equivalent replacements, but there is no amputation.

Another example is a man who steals dirhams from an unprotected place and takes them away. There is no amputation for him, because they were taken from an unprotected place. However, according to the author’s view, he must compensate for them with two equivalent amounts: for one hundred, he must pay two hundred. According to the established school, he is liable only for their equivalent, and thus need pay only the one hundred.

The author’s view, may Allah have mercy on him, is more compelling, because it serves as a deterrent and a warning, and because the punishment of amputation was waived for him out of consideration for his circumstances and welfare.