Legal review clause C of Article 268 of theEslamicPenal Code

According to Islamic jurist's consensus on punishment of thief, providing presence of all conditions of "Haddi" thievery, is amputation of the hand. Nevertheless, if there's a filiation relationship between thief and loser, even by presence of other conditions, punishment (Had)of cutting hand would not be implemented. Consensus which is claimed on both issues is prophetical tradition of "Anta vamaloka le aback"(you and your property belong to your father), which refers to impossibility of father's retaliation because of putting his offspring to death, is one of the reasoning that is upon relied.
After proceeding foresaid discussion and analyzing it's reasoning, this question arises that: If statute of negating hand amputation would be considered for a progenitor who thieves from his grandchild's properties, or not? There are various reasoning on applying punishment(Had)of hand amputation on forefather because of lifting properties of his "grandchild", such as consensus, verity of considering progenitor as a father, priority of progenitor's words or statements over father's words in coincide espousing of the daughter and also "principle of removal of had". Reasonability of each of this issues in late and early statutes and degree of their accordance with jurisprudence principles and their legal effects are analyzed in this treaty too.