guard, an animal grazing freely in the open with no keeper, or goods in a house isolated from other houses, then no amputation is imposed.”

It is reported from the Messenger of Allah, peace and blessings be upon him, that he said: “There is no amputation for fruit hanging on the tree or for livestock grazing in the mountains. But once it has been brought into the livestock pen or the threshing floor, amputation is imposed if it reaches the value of a shield.” (1)

It is narrated from Ibn Jurayj, from Abu al-Zubayr, from Jabir, may Allah be pleased with him, that the Prophet, peace and blessings be upon him, said: “No amputation is imposed upon one who breaches a trust, an open snatcher, or a stealthy thief.” (2)

If a person steals property in which he has a semblance of ownership—such as a slave who steals from his master’s property, a child who steals from his father’s property, a father who steals from his child’s property, or one of two partners who takes something from jointly owned property—then no amputation is imposed upon him.

When a thief steals for the first time, his right hand is amputated at the wrist. If he steals a second time, his left foot is amputated at the ankle.

They differed concerning the case in which he steals a third time. Most of them held that his left hand is amputated; then, if he steals a fourth time, his right foot is amputated. If he thereafter steals anything, he is subject to discretionary punishment and imprisoned until his repentance becomes evident. This is the view reported from Abu Bakr al-Siddiq, may Allah be pleased with him, and it was the view of Qatadah. Malik and al-Shafi'i also held this view, on account of what is narrated from Abu Salamah, from Abu Hurayrah, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said concerning the thief: “If he steals, amputate his hand; then if he steals again, amputate his foot; then if he steals again, amputate his hand; then if he steals again, amputate his foot.” (3)

Another group held that if he steals a third time after his right hand and left foot have been amputated, he is not amputated but imprisoned. This is also reported from Ali, may Allah be pleased with him. He said: “I would be ashamed to leave him without a hand with which to cleanse himself after relieving himself, or a foot