It is narrated from Muhammad bin Yahya bin Haban that a slave stole a date palm sapling from a man's garden and planted it in his master's garden. The owner of the sapling went out searching for his sapling, found it, and complained about the slave to Marwan bin Hakam. Marwan summoned the slave, imprisoned him, and wanted to cut off his hand. The slave's master went to Rafi' bin Khadij and informed him of the situation. Rafi' said: I heard the Messenger of Allah, peace and blessings be upon him, say: "The hand shall not be cut off for fruit nor for a sapling." The man said: Marwan has seized my slave and wants to cut off his hand. I wish that you would come with me and relate this hadith to Marwan. Rafi' went with the man to Marwan and asked: Have you seized this man's slave? Marwan said: Yes. Rafi' asked: What will you do with the slave? Marwan said: I will cut off his hand. Rafi' said: I heard the Messenger of Allah, peace and blessings be upon him, say: "The hand shall not be cut off for stealing fruit or a sapling." Upon hearing this, Marwan ordered that the slave be released.