Musannaf Ibn Abi Shaybah

Hazrat Mujahid narrates that Safwan bin Umayyah was among the Tulaqa. He came to the service of the Messenger of Allah (peace and blessings be upon him), made his mount sit down, and placed his cloak on it. Then he went aside to relieve himself. Meanwhile, a man came and stole his cloak. He caught him and brought him to the Prophet (peace and blessings be upon him). The Prophet (peace and blessings be upon him) ordered that the man's hand be cut off. Safwan said, "O Messenger of Allah! Are you cutting off his hand for (stealing) a cloak? I gift this cloak to him." The Prophet (peace and blessings be upon him) said, "Why did you not gift it to him before bringing him to me?"

Hazrat Tawus narrates that it was said to Safwan bin Umayyah while he was in the high area of Makkah that whoever does not migrate, his religion is not complete. He said: By Allah, I will not reach my family until I come to Madinah. So he came to Madinah and stayed with Hazrat Abbas and lay down in the mosque, and his sheet was under his head. A thief came and stole the sheet from under his head. Safwan brought him to the service of the Holy Prophet, peace and blessings be upon him, and said: This is a thief. The Prophet, peace and blessings be upon him, ordered regarding him, so his hand was cut off. Safwan said: This sheet is a gift for him. The Prophet, peace and blessings be upon him, said: Why did you not give it (as a gift) in this way before bringing him to me? And (Imam) Abu Hanifa's opinion is mentioned that: When the owner gifts the stolen property to the thief, the prescribed punishment is dropped from the thief.