1589 - Issue: He said: (The father is not to be amputated for what he takes from the property of his child, because he is taking his own property by taking it; nor is the mother to be amputated for what she takes from the property of her child; nor is the slave to be amputated for what he steals from his master’s property.)

The general principle is that a father is not to be amputated for theft from his child’s property, however low the descent (of the child), and this is the same whether it be the father, mother, son, daughter, grandfather, or grandmother, from the side of both the father and mother. This is the opinion of the generality of the scholars, including Malik, al-Thawri, al-Shafi'i, and the scholars of opinion (Ashab al-Ra'y). Abu Thawr and Ibn al-Mundhir said: Amputation applies to every thief, based on the apparent text of the Book (Quran), unless they have reached a consensus on something that would serve as an exception. Our proof is the saying of the Prophet (peace be upon him): "You and your wealth belong to your father." And the saying of the Prophet (peace be upon him): "The best of what a man consumes is from his own earnings, and his child is from his earnings." In another wording: "Eat from the earnings of your children." It is not permissible for a person to be amputated for taking what the Prophet (peace be upon him) ordered to be taken, nor for taking what the Prophet (peace be upon him) designated as property for him, attributed to him. Furthermore, prescribed punishments (hudud) are averted by ambiguities, and the greatest of ambiguities is a man taking from property that the Lawgiver (al-Shar') has assigned to him and ordered him to take and consume.

As for the slave when he steals from his master’s property, there is no amputation for him, according to them all, and Abu Thawr agreed with them on this. It has been narrated from Dawud that he is to be amputated due to the generality of the verse. Our proof is what al-Sa'ib ibn Yazid narrated, saying: I witnessed Umar ibn al-Khattab when Abd Allah ibn Amr ibn al-Hadrami came to him with a slave of his and said: This slave of mine has stolen, so cut off his hand. Umar asked: What did he steal? He said: He stole my wife’s mirror, worth sixty dirhams. He said: Let him go, there is no amputation for him, your servant has taken your own goods. However, if he had stolen from someone else, he would be amputated. In another wording, he said: Your wealth has stolen from one another, there is no amputation for him. Narrated by Sa'id. From Ibn Mas'ud, that a man came to him and said: A slave of mine has stolen a qaba' (outer garment) belonging to another slave of mine. He said: There is no amputation; your property has stolen your property.