he is not subject to amputation until he identifies what he stole. This is Ibn al-Qāsim’s position in the section on manumission within Ashhab’s transmitted material in the aforementioned book. If we adopt the view that his confession alone entails amputation, without identifying what he stole—as is the apparent meaning of the Book of Theft in al-Mudawwanah—then he may retract his confession even without giving a reason. This is the apparent meaning of al-Mudawwanah, and I know of no disagreement concerning this case. If, however, we adopt the view that amputation requires him to identify what he stole, there are two opinions on whether he may retract his confession after doing so. Both are transmitted from Mālik—may Allah have mercy on him—and are recorded in ‘Īsā’s transmitted material in the Book of Theft. In my view, these two opinions concern only someone who says, “I confessed for such-and-such a reason.” If, however, he denies ever having confessed after identifying what he stole, his retraction is unanimously rejected.

If he confesses after being beaten or threatened, his confession alone does not entail amputation. If he identifies what he stole, there are two opinions on whether he is subject to amputation, inferable from al-Mudawwanah and other works. According to the first opinion, which requires amputation, it applies only so long as he does not retract his confession. If he retracts it, his retraction is accepted without disagreement. According to the second opinion, which does not require amputation, al-Mudawwanah states that he becomes subject to amputation if he persists in his confession after he is safe from coercion. Ibn al-Mājishūn, however, said that he is not subject to amputation.

Section

A thief’s retraction of his confession falls into three cases:

The first is a case in which his retraction is accepted if there are grounds for doubt, and he must swear an oath if he denies ever having confessed. Here, there is agreement both that amputation is required and that his retraction is accepted. This is when he comes forward voluntarily and repentantly to confess, then retracts his confession.

The second is a case in which his retraction is unanimously accepted even if he denies ever having confessed. Here, there is no agreement that amputation is required. This applies when he confesses after being apprehended, without identifying what he stole, and then retracts his confession; or when he confesses after being beaten or threatened, identifies what he stole, and then retracts his confession.

The third is a case in which his retraction is unanimously rejected if he denies ever having confessed, while there is disagreement if he says, “I confessed for such-and-such a reason.” Here, there is agreement that amputation is required, but disagreement over accepting his retraction. This is when he confesses after being apprehended, identifies what he stole, and then retracts his confession. Success comes only through Allah.