If a party commit a theft, and each of the party receive ten dirhams, the hand of each is to be cut off; but if they receive less than ten dirhams each, they are not liable to amputation.
Amputation is not incurred by the theft of anything of a trifling nature, such as wood, bamboos, grass, fish, fowls, and garden stuff.
Amputation is not incurred by the theft of such things as quickly decay and spoil, such as milk or fruit, nor for stealing fruit whilst upon the tree, or grain which has not been reaped, these not being considered as in custody.
The hand of a thief is not struck off for stealing any fermented liquor, because he may explain his intention in taking it, by saying, “I took it with a view to spill it”; and also because some fermented liquors are not lawful property.
The hand is not to be cut off for stealing a guitar or tabor, these being of use merely as idle amusements.
Amputation is not incurred by stealing a Qurʾān, although ash-Shāfiʿī maintains that it is.
There is no amputation for stealing the door of a mosque. Nor is the hand struck off for stealing a crucifix or a chess board, as it is in the thief’s power to excuse himself by saying, “I took them with a view to break and destroy them, as things prohibited.” It is otherwise with a coin bearing the impression of an idol, by the theft of which amputation is incurred; because the money is not an object of worship.
The hand is not to be struck off for stealing a free-born infant, although there be ornaments upon it, because a free person is not property; but amputation is incurred by stealing an infant slave, although the stealing of an adult slave does not incur amputation, as such an act does not come under the description of theft, being an usurpation or a fraud.
Amputation is not incurred for stealing a book, because the object of the thief can only be its contents and not the property.
The hand is not cut off for stealing a cur-dog, because such an animal is common property; nor for stealing utensils made of wood.