Whether it is the right hand and the left foot or the reverse, because cutting more than that would remove the benefit of the member, whether it is the benefit of grasping, walking, or both. This is the school of Abu Hanifah. According to the narration which fulfills the four members of the thief, the remaining members are to be cut. If his right hand is missing, his left foot alone is cut. If his two hands are sound but his left foot is missing, the right of his hands is cut, and nothing else is cut, according to one view. This is the school of al-Shafi'i, and we do not know of any disagreement regarding it, because what fulfills the hadd was found in the place where the hadd is to be applied, so fulfilling it is sufficient, just as if the hand were deficient, unlike the previous case. If the part that is required to be cut is paralyzed (ashall), and the medical experts state that cutting it leads to his death, it is not to be cut, and its ruling is the same as the missing member. If they say: It does not lead to his death, then there are two narrations regarding its cutting, which we have mentioned in the section on the thief's cutting. The fourth situation: If they terrify the path and do not kill and do not take wealth. The fifth situation: If they repent before there is power over them. The mention of their ruling will come, God Almighty willing.

1596 - Issue: He said: (And none of them shall be cut except for one who took what a thief is cut for in similar circumstances).

Al-Shafi'i and the scholars of opinion (ashab al-ra'y) held this view. Malik, Abu Thawr, and Ibn al-Mundhir said: The Imam may judge him according to the ruling of the muharib, because he is a warrior against Allah and His Messenger, and one who strives in the land to cause corruption, so he enters into the generality of the verse, and because the condition of a secure container (hirz) is not considered, and neither is the threshold (nisab). Our argument is the saying of the Prophet (peace and blessings of Allah be upon him): "There is no cutting except for a quarter of a dinar," and he did not distinguish. Furthermore, this is a crime to which a punishment is attached in the case of a non-muharib, so it is not exacerbated in the case of a muharib in more than one aspect, like killing.