Eating from the sacrificial animal (hady): Abu Hanifah said his travelling companions eat from it

Mujahid said: Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) was one of the Tulaqa'. He came to the Messenger of Allah (peace and blessings be upon him), made his mount kneel and placed his cloak on it, then went aside to relieve himself. A man came and stole his cloak. He caught him and brought him to the Prophet (peace and blessings be upon him). He (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 over a cloak? I give this cloak to him as a gift." He (peace and blessings be upon him) said: "Why did you not give it to him as a gift before bringing him to me?"

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.