Sunnan Abu Dawud Collection: ::Book Number 38:: Hadith # 4375
Narrated Rafi' ibn Khadij: Muhammad ibn Yahya ibn Hibban said: A slave stole a plant of a palm-tree from the orchard of a man and planted it in the orchard of his master. The owner of the plant went out in search of the plant and he found it. He solicited help against the slave from Marwan ibn al-Hakam who was the Governor of Medina at that time. Marwan confined the slave and intended to cut off his hand. The slave's master went to Rafi' ibn Khadij and asked him about it. He told him that he had heard the Apostle of Allah (peace_be_upon_him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. The man then said: Marwan has seized my slave and wants to cut off his hand. I wish you to go with me to him and tell him that which you have heard from the Apostle of Allah (peace_be_upon_him). So Rafi' ibn Khadij went with him and came to Marwan ibn al-Hakam. Rafi' said to him: I heard the Apostle of Allah (peace_be_upon_him) say: The hand is not to be cut off for taking fruit or the pith of the palm-tree. So Marwan gave orders to release the slave and then he was released.