CHILD STEALING

The hand of a thief is not to be cut off for stealing a free-born child, although there be ornaments upon it, because a free person is not property, and the ornaments are only appendages; and also because the thief may plead that he took the child up when it was crying, with a view to appease it, and to deliver it to the nurse. But Abū Yūsuf does not agree with Ḥanīfah; for he says where the value of the ornaments amounts to ten dirms, amputation is incurred. Amputation is also inflicted for stealing an infant slave, because a slave is property, although Abū Yūsuf says it is not. ( Hidāyah , ii. 91.)