English translation
4388. It was narrated from Mālik bin Anas, from Yaḥyā bin Sa’eed, from Muḥammad bin Yaḥyā bin Ḥabbān, that a slave stole a palm sapling from a man’s garden and planted it in his master’s garden. The owner of the sapling went out looking for it, and he found it, and he sought the help of Marwān bin Al-Ḥakam, who was the governor of Al-Madīnah at that time, against the slave. Marwān imprisoned the slave, and he wanted to cut off his hand, but the master of the slave went to Rāfi’ bin Khadij and asked him about that, and he told him that he had heard the Messenger of Allāh ﷺ say: “There is no cutting off of the hand for fruit or Kathar (spadix).” The man said: “Marwān has caught my slave and he wants to cut off his hand. I want you to come to him with me, and tell him what you heard from the Messenger of Allāh ﷺ.” So Rāfi’ bin Khadīj went with him to Marwān bin Al-Ḥakam, and Rāfi’ said to him: “I heard the Messenger of Allāh ﷺ say: ‘There is no cutting off of the hand for fruit or Kathar (spadix).’ So Marwān ordered that the slave be released.” (Ṣaḥīḥ) Abū Dāwūd said: Kathar is spadix.