A slave owned by a man stole a small palm-tree from the orchard of another man and planted it in the orchard of his master. When the owner of the stolen palm trees learned about theft, he wanted to take the slave to Marwān ibn al-Hakam, who was the Governor of Madīnah at that time, in order to have his hand cut off. However, upon the request of the slave's owner, Rāfi‘ ibn Khadīj (may Allah be pleased with him) told Marwān that the Prophet (may Allah's peace and blessings be upon him) mentioned that the hand is not to be cut off for taking fruit or pith of the palm-tree (a tissue in the stems of palm trees). Upon hearing that ruling which was authentically attributed to the Prophet (may Allah's peace and blessings be upon him) Marwān released the slave. This Hadīth proves that the hand of a thief is not to be cut off for taking fruits from an orchard or so, because the stolen item is not kept in a safe place.