No. 4388

Muhammad ibn Yahya ibn Hibbān reported: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and found it. He sought help against the slave from Marwān ibn al-Hakam, who was the Governor of Madīnah at that time. Marwān confined the slave and intended to cut off his hand. The slave's master went to Rāfi‘ ibn Khadīj and asked him about that case. Rāfi‘ told him that he had heard the Messenger of Allah (may Allah's peace and blessings be upon him) say: "The hand is not to be cut off for taking fruit or Kathar (the pith of the palm-tree)." The man then said: "Marwān has seized my slave and wants to cut off his hand. I wish you would go with me to him and tell him what you have heard from the Messenger of Allah (may Allah’s peace and blessings be upon him)." Rāfi‘ ibn Khadīj went with him to Marwān ibn al-Hakam. Rāfi‘ said to him: "I heard the Messenger of Allah (may Allah’s peace and blessings be upon him) say: ‘The hand is not to be cut off for taking fruit or Kathar.'" So Marwān gave orders to release the slave, and he was released.