My neighbor has trees whose branches hang over into my house; is it permissible for me to eat from their fruits if he has not given me permission?

The questioner : He says.

The questioner : There is a wall between him and the neighbors. On the inside and outside of the wall, relative to him, there are trees that belong to him and to his neighbors. His neighbors are fruitful, and he prevents them from eating from their fruits, while he does not prevent them from eating from his. He says, meaning, is it permissible for me to eat from the fruits? Not for the sake of them eating from my fruits, but is it permissible? The branch is hanging over my house, and then I see the fruits and I crave them. Is it permissible for me to pick and eat, and to feed, for example?

The Shaykh : That is it.

The questioner : This is it. The woman of the house says, “O Shaykh, if you eat from our tree, we have not forgiven you, not today and not on the Day of Resurrection.” Does this mean the ruling is reversed?

The Shaykh : It is idle talk, no, it is idle talk.

The questioner : It is idle talk, yes.

Another questioner : Come on, brothers.

Another questioner : .

The Shaykh : And may Allah grant you well-being.

The questioner : Yes, from this perspective, for example, we take the permissibility as a reference. And from which side?

The Shaykh : The permissibility of what?

The questioner : Eating the fruits from the tree hanging over.

The Shaykh : No, that is not it. From the perspective that the tree is your neighbor’s tree, some of whose branches hang over your land, so it is yours and not his. If he does not permit his neighbor to take these fruits whose branches hang over his neighbor’s land, then he must cut them. At that point, the neighbor is not allowed to reach out for his neighbor’s fruit as long as these fruits are within the boundaries of his land.

The questioner : So, because the branches are over his land, and especially since we say that leaves and some rotten fruits fall.

The Shaykh: Yes.

The questioner : Are there no texts, O Shaykh?

The Shaykh: No.

The questioner : The tree roots are coming out. It is polluted and causing worms and such, affecting neither the inside nor the outside, the ones outside.

The Shaykh : Then there is another legal ruling that approximates the first ruling regarding unenclosed, unfenced, or unwalled tree-covered lands that are in the path of people. It is permissible for passersby to pick up the fruits that have fallen on the ground of this garden or orchard without carrying them in their pockets, and they may eat as much as they wish. However, if it is enclosed, it is not permissible to enter it without permission.
The student : Like this one, which is enclosed, it is not permissible.

The questioner : He does not pick, meaning, O Shaykh.

The Shaykh : How?

The questioner : Only the fallen ones.

The Shaykh : In the first case.

The questioner : The one that has no fence.

The Shaykh : Yes, from the ground, not from the tree.

The questioner : He does not pick.

The Shaykh : Of course, this also brings a final ruling, but in special cases. A man, either a traveler or one resembling a traveler, enters this unenclosed tree-covered land and finds no fruits fallen on the ground, or he finds some but not enough to satisfy his hunger. In the case of his need, he must pick. Clearly, this situation is different from that one. This itself transfers to the enclosed tree-covered land. We said earlier that it is not permissible to enter it without the owner’s permission. If he is in need, as we said about him previously, he calls out to the owner of the orchard. If the owner responds to him, he must provide it to him. Otherwise, if he does not respond, he takes what he needs, even if by picking. Likewise, if a man passes by a shepherd or passes by sheep—these sheep are naturally straying in the wilderness, in this desert—and he needs to drink from their milk, it is not permissible for him to come to the milking sheep and milk from them except in the case of calling out to the shepherd or the owner of the sheep. If he hears, he must give him milk to drink. If he does not hear, it is permissible for him to milk and take what is in his saddle and his need. So, the issues differ according to their circumstances. We have several scenarios remaining. The first is that you pass by an unenclosed tree-covered land and eat from the ground, you do not pick. The second is if you are in need, you pick, even if it is enclosed, but with the condition of calling out to the owner of the wall. If he is present, he must provide it; if he is not present, you pick. Likewise, regarding the hadith.

The questioner : O Shaykh, the fallen ones are not carried.

The Shaykh : But yes, indeed.

The questioner : O Walid.