It is narrated from Muhammad bin Yahya bin Habban that a slave belonging to his uncle Wasi' bin Habban stole a small date-palm shoot from the orchard of a neighbour and planted it in his own land. The case was brought to Marwan, and he ordered his hand to be cut. His master came to Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) and told him the whole incident, and he said: The hand will not be cut for this. Then he went with that man to Marwan and told him that the Prophet (peace and blessings be upon him) said: "The hand is not to be cut for fruit and the like."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17200
Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) narrates that the Messenger of Allah (peace and blessings be upon him) said: "Do not cut the hand for fruit, nor for anything like it." Yahya (may Allah have mercy on him) said: Al-thamar is the fruit that is on the tops of the date palms, and al-kathar is the palm shoots (al-wadi) and the palm pith (al-jummar).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17202
Sayyiduna Rafi' bin Khadij (may Allah be pleased with him) narrates that the Prophet (peace and blessings be upon him) said: "Do not cut the hand for fruit, nor for a young tree."
Imam al-Shafi'i (may Allah have mercy on him) said: This is what we hold: the hand is not cut for fruit hanging (on the tree), because it is not kept in a place of safekeeping, nor for palm pith, because it is not kept in a place of safekeeping; and this resembles the hadith of Amr bin Shu'ayb.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17203
Amr bin Shu'ayb (may Allah have mercy on him) narrates from the Prophet (peace and blessings be upon him) that the Prophet (peace and blessings be upon him) said: "Do not cut the hand for fruit hanging (on the tree). When it reaches the basket, then his hand will be cut."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17204
Amr bin Shu'ayb narrates from his father, and he from his grandfather, that the Messenger of Allah (peace and blessings be upon him) was asked: For how much is the thief's hand to be cut? The Prophet (peace and blessings be upon him) said: "The hand is not to be cut for fruit hanging (on the tree). When that fruit reaches the drying place, then the hand is to be cut, when its value equals that of a shield. And the hand is not to be cut while the goat is on the mountain, until it comes into its pen; then the hand is to be cut when its value equals that of a shield."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17205
Abu al-Darda (may Allah be pleased with him) said that the hand is not cut for stealing a pigeon; what is meant by this is birds and pigeons that are not in anyone's safekeeping.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17206