if someone steals from his parents, his child, or a close relative who is a permanent maḥram, his hand is not cut off. The same ruling holds when one spouse steals from the other; when a slave steals from his master, from the master’s wife, or from the husband of a female master; when a patron steals from his mukātab (contractual slave); and when anyone steals from the spoils of war before they have been divided.

A ḥirz is of two kinds: one that is secure by its very nature—such as houses and dwellings—and one that is secure through the presence of a guard. Whoever steals an item, whether from a ḥirz or from elsewhere, while its owner is present watching over it, must have his hand amputated. No amputation is carried out for stealing from a public bath or from a house to which people have been given general permission to enter.

If someone steals property from a mosque while its owner is present, his hand is cut off. There is no amputation for a guest who steals from the host who received him. If a burglar makes an opening in a house, enters, takes some wealth, and hands it to an accomplice standing outside, neither of them is amputated; but if he throws the property into the street, then comes out and picks it up himself, he is amputated. The same applies if he loads it onto a donkey, drives the animal out, and removes the goods.

When several people enter a ḥirz and only some of them actually take the property, all of them are punished by amputation. Whoever bores a hole in a house and merely reaches in with his hand to take something is not amputated, but if he puts his hand into a money-changer’s chest or into someone else’s sleeve and takes money, he is amputated.

The thief’s right hand is cut off at the wrist and then cauterized. If he steals a second time, his left foot is cut off. If he steals a third time, no further limb is removed; instead, he is imprisoned for life until he repents. If the thief’s left hand is paralyzed, or his right hand has already been lost, or his right foot is missing, no amputation is imposed.

Amputation is not carried out unless the victim appears and demands the penalty. If the victim subsequently gifts the item to the thief, sells it to him, or its value drops below the legal minimum (niṣāb), the punishment is waived.

If a man steals a particular item, has his hand cut off for it, the item is returned, and he then steals the same item again while it is still in its original state, no new amputation is imposed. But if the item’s condition has changed—for example, it was yarn, he stole it and was punished, it was returned and then woven into cloth, and he steals it once more—his hand is cut off again.

When a thief’s hand is cut off and the property is still intact in his possession, it must be restored to its owner; if it has perished, he is not liable for compensation. Should the thief claim that the stolen property actually belongs to him, the amputation is dropped even if he produces no evidence.

If a band of armed men—or even a single person capable of resistance—sets out with the intention of highway robbery, and they are captured before they seize any property or kill anyone, the imam imprisons them until they repent. But if they take the property of a Muslim or a dhimmī, and that property, when apportioned among them