Bayhaqi 17223 — What counts as a place of safekeeping

It is narrated from Muhammad bin Yahya bin Habban that a slave stole a date-palm shoot from a man's orchard and planted it in his master's orchard. Then the owner of the orchard whose shoot had been stolen went out and searched, and he found his shoot (in the orchard of the slave's master). So he took the slave to Marwan bin al-Hakam, who imprisoned him and intended to cut his hand. The slave's master went to Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) and asked him about this, and he informed him that he had heard from the Prophet (peace and blessings be upon him) about this, that he (peace and blessings be upon him) said: "The hand is not to be cut for fruit, nor for stealing a palm shoot." The man said: Marwan bin al-Hakam has seized my slave and intends to cut his hand; I would like you to walk with me to him and inform him of what you heard from the Messenger of Allah (peace and blessings be upon him). So he walked with him until they came to Marwan. Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) asked him: Have you seized this man's slave? He said: Yes! Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) said: What are you going to do with him? He said: I intend to cut his hand. Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) said to him: I heard the Messenger of Allah (peace and blessings be upon him) say: "The hand is not to be cut for stealing fruit or palm shoots." Then Marwan ordered that the slave be released.