Mu'jam Kabir Tabarani 551 — Sayyiduna Mu'awiyah wrote to Marwan bin

Sayyiduna Usayd bin Hudayr bin Simak (may Allah be pleased with him) said: Sayyiduna Mu'awiyah (may Allah be pleased with him) wrote to Marwan bin al-Hakam: If something is stolen from a man and he finds his stolen property, then when he finds it he is the most entitled to it. Marwan wrote this to me, while I was at that time his governor over Yamamah, so I wrote to Marwan that the Messenger of Allah (peace and blessings be upon him) had ruled that when you find (the stolen property) with a man who is not under suspicion, then if its owner wishes, he may take it by paying its price, and if he wishes, he may pursue the thief. Then after him, Sayyiduna Abu Bakr, Sayyiduna Umar and Sayyiduna Uthman (may Allah be pleased with them) also ruled the same. Marwan sent my letter to Mu'awiyah, and Mu'awiyah wrote to Marwan: Neither you nor Usayd can rule over me in what I have been given authority over; rather, I rule over you both, so carry out what I have ordered you. So Marwan sent Mu'awiyah's letter to me, and I said: By Allah! I will never rule according to it (that decision).