He reported the Prophet as saying, “Cutting off the hand is not to be inflicted on one who is treacherous, one who plunders, or one who snatches something.”
Tirmidhi, Nasa’i, Ibn Majah and Darimi transmitted it.
Jabir reported God’s Messenger as saying, "Cutting off the hand is not to be inflicted on one who plunders, but he who does so conspicuously does not belong to us.”
It is transmitted in Sharh as-sunna that Safwan b. Umayya came to Medina and slept in the mosque, using his cloak as a pillow. A thief came and took his cloak and Safwan seized him and brought him to God’s Messenger who ordered that his hand should be cut off. Safwan then said, "This was not my intention. I give it to him as sadaqa.” God’s Messenger replied, "Why did you not do so before bringing him to me?”
Ibn Majah transmitted something similar on the authority of ‘Abdallah b. Safwan who quoted his father’s authority, and Darimi did so also on the authority of Ibn ‘Abbas.
‘Abdallah b. ‘Abd ar-Rahman b. Abu Husain al-Makki reported God’s Messenger as saying, “A hand is not to be cut off for fruit which is hung up, or for a sheep stolen by night from the mountain;* but when the sheep is in its fold or the fruit in the place where it is dried a hand is to be cut off for whatever reaches the price of a shield.”
Malik transmitted it.
* Harisa jabal. It is used either of a sheep or goat stolen before it gets back from the mountain to the fold, or of one guarded in the mountain. The most satisfactory reason for the prescription would seem to be that animals kept in the mountain are not sufficiently protected.
