Bayhaqi 17236 — Reports on a runaway slave who steals

It is narrated from Ruzayq bin Hakim (may Allah have mercy on him) that (he said): I caught a slave who had run away and stolen. He wrote to Umar bin Abd al-Aziz (may Allah have mercy on him) about this slave: I have heard that when a runaway slave steals, his hand is not cut. Then Umar (may Allah have mercy on him) wrote this statement of Allah Almighty: "Whether a man steals or a woman, the hands of both are to be cut. This is a recompense from Allah Almighty for what they earned, and Allah Almighty is Mighty, Wise." [Surah al-Ma'idah: 38] If (the value of) his theft reaches a quarter of a dinar or more, then cut his hand. The Shaykh (may Allah have mercy on him) said: This is the view of Qasim bin Muhammad, Salim bin Abdullah, Urwah bin al-Zubayr (may Allah have mercy on him) and others, and the view of Ibn Abbas (may Allah be pleased with them both) is that when a runaway slave steals, his hand is not cut. We have left his view in favour of the view of the other Companions, because it is closer to the Book of Allah, the Mighty and Majestic. Al-Shafi'i said: His disobedience to Allah by running away does not earn him any good.
The Shaykh said: Some weak narrators have narrated it from Ibn Abbas as the words of the Prophet (marfu'), and it is worth nothing.