alike, which is the explicit ruling in Ibn al-Mawwāz’s book. It is also the apparent meaning of Ibn al-Qāsim’s statement in al-Mudawwanah concerning the first case, and his explicit ruling there concerning the second. By analogy, if amputation is imposed in the second case, it should not be imposed in the first. This is how ʿAbd al-Haqq interpreted the passage in al-Mudawwanah. Conversely, if amputation is imposed in the first case, it should not be imposed in the second. This is how Abū Ishāq al-Tūnisī interpreted the passage in Ibn al-Mawwāz’s book. This interpretation is far-fetched, however, because he explicitly states that amputation is imposed in both cases. If he is understood to rule out amputation in the second case because he explicitly requires it in the first, he must likewise be understood to rule it out in the first because he explicitly requires it in the second. His statements would thus yield conflicting rulings. Four opinions therefore emerge on this question:
The first: amputation is imposed in both cases.
The second: amputation is imposed in neither case.
The third: amputation is imposed in the first case but not the second.
The fourth: amputation is imposed in the second case but not the first.
There is also disagreement concerning an outsider who steals something that one of those sharing the house has forgotten in its courtyard, without having deliberately placed it there. Sahnūn related from Ibn al-Qāsim that he is subject to amputation. Ibn al-Mawwāz held that he is not subject to amputation if the property is of a kind for which that would not ordinarily be a suitable place. If, however, it is a proper place for the property, such as an animal’s tethering place or the like, there is no disagreement that he is subject to amputation if he takes it outside the house. If he is apprehended before taking it outside, having already carried it away and moved it from its place, the same disagreement applies as that mentioned concerning property taken from a room into the courtyard of the house.
Section
As for the minimum value, Mālik, al-Shāfiʿī, Abū Hanīfah, their followers, and most scholars consider it a requirement. A group among them departed from the prevailing view and held that amputation is obligatory whether the amount is small or large, relying on the apparent meaning of the words of