Sunan al-Shafi'i

It is narrated from Muhammad bin Yahya bin Haban (may Allah have mercy on him): A slave stole a date palm sapling and planted it in his master's garden. The owner of the sapling came searching for it and found it there. The case of the slave was presented in the court of Marwan bin Hakam (may Allah have mercy on him). Marwan (may Allah have mercy on him) imprisoned the slave and intended to cut off his hand. Then the owner of the slave went to ask Rafi' bin Khadij (may Allah be pleased with him) about the matter. Rafi' (may Allah be pleased with him) informed him that he had heard the Messenger of Allah (ﷺ) say: "The hand is not to be cut off for stealing fruit or the pulp of dates." The man said that Marwan bin Hakam (may Allah have mercy on him) had detained his slave and wanted to cut off his hand, and he wished that Rafi' (may Allah be pleased with him) would go with him to Marwan (may Allah have mercy on him) and narrate the hadith of the Messenger of Allah (ﷺ) to him. So, Rafi' (may Allah be pleased with him) went with the man to Marwan (may Allah have mercy on him). Rafi' (may Allah be pleased with him) said: "O Marwan! Have you detained this man's slave?" He replied, "Yes." He asked, "What do you intend to decide regarding him?" He said, "I intend to cut off his hand." So Rafi' (may Allah be pleased with him) said: "I heard the Messenger of Allah (ﷺ) say: 'The hand is not to be cut off for stealing fruit or the stone of dates.'" So Marwan (may Allah have mercy on him) ordered the release of the slave.