Safwan bin Abdullah (may Allah have mercy on him) narrates that it was said to Safwan bin Umayyah (may Allah be pleased with him): Whoever did not emigrate is ruined. So Safwan (may Allah be pleased with him) came to Madinah and slept in the mosque using his cloak as a pillow. A thief came and took the cloak from under his head, and Safwan (may Allah be pleased with him) caught the thief and brought him to the Prophet (peace and blessings be upon him), and he (peace and blessings be upon him) ordered that his hand be cut. Safwan (may Allah be pleased with him) said: I did not intend this; rather, it is a charity to him. He (peace and blessings be upon him) said: "Why did you not do so before you brought him to me?"
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17215
This has already passed before.
This mursal report strengthens the first one, and it has been narrated through another route. It has also been narrated from Ibn Kasib, from Sufyan bin Uyaynah, with his chain as connected (mawsul), mentioning Ibn Abbas in it, and that is not sahih (authentic).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17216
Ata' bin Abi Rabah (may Allah have mercy on him) said that Safwan bin Umayyah (may Allah be pleased with him) was sleeping among us at al-Batha', when a man came and took the cloak from under his head, that is, he stole it. Safwan (may Allah be pleased with him) came to the Prophet (peace and blessings be upon him), and he (peace and blessings be upon him) ordered that his hand be cut. Safwan (may Allah be pleased with him) said: I have forgiven him and I overlook it. He (peace and blessings be upon him) said: "Why did you not do so before you came to me, O Abu Wahb!"
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17217
Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) said: I was sleeping in the mosque, and I had a shirt worth thirty dirhams. A man came and snatched that shirt from me. The man was caught, and when he was brought to the Prophet (peace and blessings be upon him), he (peace and blessings be upon him) ordered that his hand be cut. Sayyiduna Safwan bin Umayyah (may Allah be pleased with him) said: I came to him (peace and blessings be upon him) and said: Will you cut his hand for thirty dirhams? I will sell it to him and defer its price for him. He (peace and blessings be upon him) said: "Why did you not settle the matter before you brought him to me?"
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17218
Tha'labah al-Shami (may Allah have mercy on him), whom Tariq had appointed as his deputy over Madinah, (narrates that) a thief was brought to him; he scolded him and he confessed to the theft. Then he sent to Sayyiduna Ibn Umar (may Allah be pleased with them both) to ask him about that, and he (may Allah be pleased with him) said: Do not cut his hand until he takes the stolen goods out.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17221
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.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17223
It is narrated from Ibn Abi Husayn al-Makki that the Messenger of Allah (peace and blessings be upon him) said: "The hand is not to be cut for hanging fruit, nor for the goat on the mountain; and for stealing goats that are in the pen, the hand is to be cut if their value equals that of a shield." We have narrated this hadith from Amr bin Shu'ayb in connected form (mawsul).
Imam al-Shafi'i (may Allah have mercy on him) said: Orchards of date palms, or of any other fruit, are not a place of safekeeping, because they are mostly entered from their sides. Whoever steals from an orchard, his hand is not to be cut. Yes, when the fruit reaches the basket, then the hand is to be cut.
Imam al-Shafi'i (may Allah have mercy on him) said: The summary is that the place of the theft is to be considered: if that place is one of safekeeping, the thief's hand is to be cut, and if it is not a place of safekeeping, the hand is not to be cut.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب السرقة / 17224