Usayd bin Zaheer was the governor of Yamamah. Marwan wrote to him saying that Muawiya had written to him, "Any man from whom something has been stolen has the greater right to it wherever he finds it."Usayd said, "Marwan wrote that to me, so I wrote back to Marwan saying that the Prophet ﷺ had ruled that if the one who purchased the stolen item from the thief was not under suspicion, the owner is given a choice. If he wishes, he may take the stolen item from the buyer by paying its price, or if he wishes, he may pursue the thief. Then Abu Bakr, Umar, and Uthman ruled the same way after him."Marwan then sent my letter on to Muawiya, and Muawiya wrote back to Marwan, "Neither you nor Usayd bin Zaheer is a judge over me. Rather, I issue judgments concerning what I have placed you in charge of, so carry out what I have commanded you to do."Marwan sent Muawiya's letter to me, and I said, "I will not judge by it as long as I hold office," meaning by Muawiya's ruling.
عن عكرمة بن خالد،
أنه كان عاملا على اليمامة، وأن مروان كتب إليه أن معاوية كتب إلى: أيما رجل سرق منه سرقة فهو أحق بها حيث وجدها. قال: وكتب بذلك مروان إلي، فكتبت إلى مروان: أن النبي ﷺ قضى بأنه إذا كان الذي ابتاعها من الذي سرقها غير متهم يخير سيدها، فإن شاء أخذ الذي سرق منه بثمنه، وإن شاء اتبع سارقه. ثم قضى بذلك بعد أبو بكر وعمر وعثمان. قال: فبعث مروان بكتابي إلى معاوية. قال: فكتب معاوية إلى مروان: إنك لست أنت ولا أسيد بن ظهير بقاضيين علي، ولكني أقضي فيما وليت عليكما، فأنفذ لما أمرتك به، فبعث مروان إلى بكتاب معاوية، فقلت: لا أقضي به ما وليت يعني بقول معاوية.
Abdul-Razzaq narrated it (18829) from Ibn Jurayj, who said, "Ikrima bin Khalid told me that Usayd bin Zuhayr al-Ansari informed him," and he related it. Ahmad also narrated it (17987) from Abdul-Razzaq, in abridged form.He then narrated it again (17986), as did Abu Dawud in Marasil (180), Nasai (4680), and Hakim (2/35–36), all of them through other routes from Ibn Jurayj, except that they said, "from Usayd bin Hudayr al-Ansari," and related something similar.The correct view is that he is Usayd bin Zuhayr, as Abu Dawud said in Marasil, and Mizzi said in Tuhfa (721), for Usayd bin Hudayr died in the year twenty or shortly after, while the incident took place during the era of Muawiya. Its isnad is sahih.In Musannaf Abdul-Razzaq it says, "Ibn Jurayj asked Ata, 'A man stole property of mine, and I found that he had sold it.' He said, 'Take it wherever you find it.' I said, 'And I had entrusted him with something, and he betrayed the trust and sold it.' He said, 'Take it wherever you find it. Glory be to Allah! It is no different.' I said, 'What if I had lent it to him, and he sold it?' He said, 'Likewise, take it.'" He said, I said, "A man stole a slave of mine, and gave him as a dowry to a woman, and consummated the marriage with her." He said, "We have heard it said, 'Take your property wherever you find it,' so take your slave from her."Ahmad also mentioned it (17987) in abridged form.