Hadith 26185

Yahya related to me from Malik from Yahya ibn Said from Muhammadibn Yahya ibn Habban that a slave stole a small palm from a man'sgarden and planted it in the garden of his master. The owner of thepalm went out looking for the palm and found it. He asked for helpagainst the slave from Marwan ibn al-Hakam. Marwan jailed the slaveand wanted to cut off his hand. The master of the slave rushed off toRafi ibn Khadij and asked him about it. Rafi informed him that heheard the Messenger of Allah, may Allah bless him and grant him peace,say, "The hand is not cut off for fruit or palm pith." The man said,"Marwan ibn al-Hakam has taken a slave of mine and wants to cut offhis hand. I would like you to go with me to him so you can tell himwhat you heard from the Messenger of Allah, may Allah bless him andgrant him peace." So, Rafi went with him to Marwan ibn al-Hakam. Hesaid, "Did you arrest a slave for this?" He said, "Yes." He said,"What will you do with him?" He said, "I want to cut off his hand."Rafi said to him, "I heard the Messenger of Allah, may Allah bless himand grant him peace, say, 'The hand is not cut off for dates or palmpith.' Marwan therefore ordered the slave to be released."