Musannaf Ibn Abi Shaybah 39098 — Eating from the sacrificial animal

Tawus said: It was said to Sayyiduna Safwan bin Umayyah (may Allah be pleased with him), while he was in the upper part of Makkah: "There is no religion for one who does not emigrate." He said: "By Allah, I shall not reach my family until I come to Madinah." So he came to Madinah, lodged with Sayyiduna Abbas (may Allah be pleased with him), and lay down in the mosque with his cloak beneath his head. A thief came and stole the cloak from beneath his head. Safwan brought him to the Prophet (peace and blessings be upon him) and said: "This man is a thief." He (peace and blessings be upon him) gave the order concerning him, and his hand was cut off. Safwan said: "This cloak is a gift for him." He (peace and blessings be upon him) said: "Why did you not do so (give it as a gift) before bringing him to me?" And it is mentioned that the view of (Imam) Abu Hanifah is: when the owner gives the stolen goods to the thief as a gift, the prescribed punishment (hadd) lapses from the thief.