Musannaf Ibn Abi Shayba 19:849

Abu Bakr narrated to us, he said: Hushaym narrated to us, from Isma'il bin Abi Khalid, from 'Amir, regarding a man who took a garment from a man, and he (the owner) said: "He stole it." He (the taker) said: "I only took it for a right I had against him." Al-Sha'bi said: "There is no prescribed punishment (*hadd*) upon him."