if his right hand is sound, and his left is defective to the extent that most of its utility is gone, such as if the thumb, middle finger, or index finger is missing, it is possible that it is [deemed] like its amputation (15), so he moves to [cutting] his foot. This is the view of the Ashab al-Ra'y (the Rationalists). It is also possible that his right hand should be cut, because he still possesses a hand that he derives benefit from, resembling the case where its little finger is cut. If both his hands were sound, and his right foot was paralyzed or amputated, I do not know of a stated opinion regarding it from our scholars, and two scenarios are possible; one of them is that his right hand is cut. This is the school of al-Shafi'i, because he is a thief [who possesses a right hand, so it is cut in adherence to the Book and the Sunnah, and because he is a thief] (16) who possesses two hands, so his right hand is cut, just as if the amputated limb were his left foot. The second is that nothing is to be cut from him. This is the view of the Ashab al-Ra'y, because cutting his right hand would deprive him of the ability to walk using [both] legs. As for if his left foot were paralyzed and his hands were sound, his right hand is cut, because there is no fear that the harm of the cutting will exceed the amputated limb. Based on the analogy of this issue, if he steals while his left hand is amputated or paralyzed, nothing is cut from him, for that reason. Ibn al-Mundhir rejected this and said: The Ashab al-Ra'y, by this opinion of theirs, have contradicted the Book of Allah without proof.

1583 - Issue: He said: (The free man and the free woman, the male slave and the female slave, are equal in that).

As for the free man and free woman, there is no disagreement regarding them. Allah the Almighty has stipulated both the male and the female by His saying: {As for the thief, both male and female, cut off their hands} (1). And because they are equal in all other hadd punishments, they are likewise in this, and the Prophet (may the peace and blessings of Allah be upon him) cut off [the hand of] the thief of the cloak of Safwan (2), and cut off the Makhzumiyya woman who stole the mantle (3). As for the male slave and the female slave, the majority of the jurists and the scholars of fatwa hold that they