its sale is not permitted, nor is the transfer of ownership of her, so she resembles a free woman. The second [opinion] is that the thief is cut, because she is owned property that is guaranteed by valuation, so she resembles a slave (qinn). The ruling on the mudabbar (slave granted conditional freedom upon master's death) is the same as the ruling on the qinn, because it is permissible to sell him and he is guaranteed by his value. As for the mukatab (slave under a contract of manumission), his thief is not cut, because his master's ownership over him is not complete, given that he does not possess his benefits, nor [the right] to use him for labor, nor [the right] to take the compensation (arsh) for injuries inflicted upon him. If the master commits an injury against him, the compensation is due to the mukatab, and if he utilizes his benefits against his will, he is liable for their equivalent. If he detains him, he is liable for the equivalent rental wage for the duration of his detention, or he must provide him respite for the duration of the detention. Cutting is not mandatory due to the mukatab's ownership of his own self, because a human does not own himself, so he resembles a free person. If one steals something from the wealth of the mukatab, the cutting punishment applies, because the ownership of the mukatab is established in his own wealth, unless the thief is his master, in which case there is no cutting, because the master has a right and a legal doubt (shubha) regarding his wealth that wards off the hadd punishment. For this reason, if he has intercourse with his slave-girl, he is not subjected to the hadd.

Section: If one steals water, there is no cutting for it. This was stated by Abu Bakr and Abu Ishaq ibn Shaqla, because it is something that is not customarily treated as wealth (tamawwul). I know of no disagreement regarding this. If one steals fodder or salt, Abu Bakr said: There is no cutting for it, because it is something concerning which the Sharia has established that people share, so it resembles water. Abu Ishaq [ibn Shaqla] said: Cutting applies to it, because it is customarily treated as wealth, so it resembles straw and barley. As for snow, the Qadi said: It is like water, because it is frozen water, so it resembles ice. The more likely [position] is that it is like salt, because it is customarily treated as wealth, and thus it is like salt that has solidified from water. As for soil, if it is of the type for which there is little desire, such as that intended for plastering and building, there is no cutting for it, because it is not treated as wealth. If it is of a type that has significant value, such as Armenian clay intended for medicine, or intended for washing with, or a dye like ochre (maghra), there are two possibilities: one is that there is no cutting for it, because it is of the same category as that which