A man from the tribe of Muzaynah asked the Messenger of Allah (peace and blessings be upon him) about a person who picks the fruit of an orchard. He (peace and blessings be upon him) said: "Whoever plucks from the date palm and carries it off must pay its price and as much again, and must be given an exemplary punishment. Whoever takes from the drying floor, if it reaches the value of a shield, his hand will be cut off; but if he only ate and did not carry anything away, there is no prescribed punishment (hadd) on him."
The Shaykh said: If this hadith is sahih, it means that there is no amputation for him, since he did not take the fruit out of a place of safekeeping.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الضحايا / 19653