If a man passes by an orchard that has no wall and no guard, is he allowed to eat from it?
Machine translationRead the Arabic original
The questioner : He mentioned once an orchard from which he ate, finding no one in it. Is this absolutely so, Shaykh? Or not?
The Shaykh : Yes, if there is no guard and no wall.
The questioner : Shaykh, even if the custom of the people of the town is that the owner of such an orchard would not approve of it?
The Shaykh : Yes, if it is a consistent custom that he would not approve, then he may be prevented from doing this.
The questioner : Sometimes it is a lenient concession.
The Shaykh : Yes.
The Shaykh : Yes, if there is no guard and no wall.
The questioner : Shaykh, even if the custom of the people of the town is that the owner of such an orchard would not approve of it?
The Shaykh : Yes, if it is a consistent custom that he would not approve, then he may be prevented from doing this.
The questioner : Sometimes it is a lenient concession.
The Shaykh : Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2427 - 4600 إذا مر رجل ببستان ولا حائط له ولا حارس هل له أن يأكل منه؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.