Musannaf Ibn Abi Shaybah

Hazrat Muammar narrates that Hazrat Khaseef said: Some people found some of their belongings missing from their house. They saw that a hole had been made in the house, so they went out to investigate and saw two men walking. They caught one of them who had the belongings, and the other managed to escape from them. They brought the man back; he said: "I did not steal anything. That man who ran away had hired me for wages, and he handed over these goods to me so that I could carry them. I do not know where he brought them from." Hazrat Khaseef said: In this matter, a letter was written to Hazrat Umar bin Abdul Aziz. He replied: "He will be given a severe punishment and will be imprisoned, but his hand will not be cut off."

Hazrat Ismail bin Abi Khalid narrates that it is reported from Hazrat Aamir about a man who took a cloth from another man. The latter said: "You have stolen this." He replied: "Indeed, I have taken this cloth in exchange for the right that was due to me from him." So what is the ruling regarding this? Hazrat Sha'bi said: "The prescribed punishment (hadd) will not be carried out on him."