The ruling on eating from a farm without the owner's permission
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How authentic is the claim of those who say: It is permissible for any person to eat from the fruits of a farm without seeking permission from its owner,Citing Jabir's hadith in Imam Muslim: (No Muslim plants a tree or sows a crop from which a person, a beast, or anything else eats, except that it is a charity for him) ?
Yes, this is the hadith you mentioned, which encourages planting palm trees and crops. As for the one who eats, he has the dispensation to eat with his mouth only, without taking a bundle, on the condition that there is no guard over it and no barrier,Meaning: If you pass by a palm grove that has no guard and no barrier of a wall or fence, you may eat with your mouth only, without taking a bundle; unless we know that the owner of this specific orchard does not allow it,For example: that he has put up a sign: No eating. In that case, you do not eat.
So, if a person passes by an orchard with a barrier, he eats, or if he passes by an orchard with a guard, he does not eat,Or if he passes by an orchard with signs written on it: if eating is forbidden, he does not eat, or if he passes by an orchard with no barrier, no guard, and no prohibition signs, he may eat; but he eats with his mouth only, without taking a bundle,Meaning: he does not take anything with him, he only eats with his mouth.
The questioner: O Shaykh! What if there is a barrier and a guard, and we know his consent?The Shaykh: There is no harm, if we know his consent;But we say: if we know his consent, why is there a guard?The questioner: Just a barrier.
The Shaykh: In that case, there is no harm; because he may have put up the barrier to prevent livestock and camels from entering, and the like.
The questioner: So that livestock do not enter.
The Shaykh: The whole matter depends on the owner's consent.
Yes, this is the hadith you mentioned, which encourages planting palm trees and crops. As for the one who eats, he has the dispensation to eat with his mouth only, without taking a bundle, on the condition that there is no guard over it and no barrier,Meaning: If you pass by a palm grove that has no guard and no barrier of a wall or fence, you may eat with your mouth only, without taking a bundle; unless we know that the owner of this specific orchard does not allow it,For example: that he has put up a sign: No eating. In that case, you do not eat.
So, if a person passes by an orchard with a barrier, he eats, or if he passes by an orchard with a guard, he does not eat,Or if he passes by an orchard with signs written on it: if eating is forbidden, he does not eat, or if he passes by an orchard with no barrier, no guard, and no prohibition signs, he may eat; but he eats with his mouth only, without taking a bundle,Meaning: he does not take anything with him, he only eats with his mouth.
The questioner: O Shaykh! What if there is a barrier and a guard, and we know his consent?The Shaykh: There is no harm, if we know his consent;But we say: if we know his consent, why is there a guard?The questioner: Just a barrier.
The Shaykh: In that case, there is no harm; because he may have put up the barrier to prevent livestock and camels from entering, and the like.
The questioner: So that livestock do not enter.
The Shaykh: The whole matter depends on the owner's consent.