"{As for the male thief and the female thief, cut off their hands}" (Surah Al-Ma'idah: 38). Amr ibn Shu'ayb narrated from his father, from his grandfather, that the Messenger of Allah (may Allah bless him and grant him peace) was asked about hanging fruit, then he mentioned the hadith, and then said: "Whoever steals anything from it after it has been gathered in the drying floor (jarin), and it reaches the value of a shield (mijan), then the cutting punishment applies to it." This was narrated by Abu Dawud and others. It is reported that 'Uthman (may Allah be pleased with him) was brought a man who had stolen a citron (utrujjah), so 'Uthman ordered it to be appraised; its value reached a quarter of a dinar, so 'Uthman ordered that he be subjected to the cutting punishment. This was narrated by Sa'id. This is because this is property that is customarily treated as wealth and is desired, so its thief is punished with cutting if the conditions are met, just as with dried fruit. Furthermore, whatever requires cutting for its manufactured form also requires it before being manufactured, such as gold and silver. Their hadith refers to fruit that is still hanging, based on our hadith, which serves as an explanation for it. Their comparison to property that is not secured (hirz) is invalid, because property that is not secured is neglected, whereas this is preserved; it is for this reason that all other types of property are distinguished by whether or not they are secured. Their statement that "it is found as permissible property in the land of Islam" is refuted by gold, silver, iron, copper, and all other minerals. As for soil, the discussion regarding it has already preceded.

Section: If one steals a Mushaf (copy of the Quran), Abu Bakr and the Qadi said: There is no cutting for it. This is the opinion of Abu Hanifa, because its intended purpose is the Word of Allah, the Almighty, which it is not permissible to take financial compensation for. Abu al-Khattab chose the view that cutting is mandatory, and he said: This is the apparent view of Ahmad, for he was asked about someone who steals a book containing knowledge in order to study it, and he replied: "Everything whose value reaches three dirhams incurs a cutting punishment." This is the opinion of Malik, al-Shafi'i, Abu Thawr, and Ibn al-Mundhir, based on the generality of the verse [referring to] every thief, and because it has a monetary value,