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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on Cutting Down Public Trees

Machine translationRead the Arabic original
Question:
What is the ruling on cutting fruits or trees that belong to the general public and not to a specific individual?

Answer:
Trees in the wilderness and deserts that are not owned by anyone are subject to consideration. If they provide benefit to the Muslims, such as providing shade or allowing their livestock to graze, they must not be cut down. However, if they are in a location that harms Muslims, such as on a road where they cause harm, then cutting them down is a meritorious act. It is established from the Messenger of Allah (peace and blessings be upon him):
A man saw a thorny branch on the road of the Muslims—and in another narration: a tree on the road of the Muslims—so he cut it down and said, "I am removing it from the harm of the Muslims." So Allah was pleased with that for him and forgave him.أن رجلًا رأى غصن شوك في طريق المسلمين -وفي رواية: شجرة في طريق المسلمين- فقطعها، وقال: أزيلها عن أذى المسلمين، فشكر الله له ذلك، وغفر له
.
The conclusion is that this matter requires detailed distinction: that which benefits people by remaining should not be cut down, and that which harms people by remaining should be removed. Owned property is not removed except with the permission of its owner. If it is owned, it is not removed except with the permission of its owner. If it harms people, the matter is referred to the court. People must not encroach upon the property of others except through the path of the Shari'ah.
As for the wilderness and desert where there is no ownership by any individual, but rather it belongs to the Muslims in general, this is like what was mentioned previously. A Muslim may graze his camels, sheep, and cattle there, and there is no harm in gathering fodder from it. However, he must not cut down trees that benefit people and provide shade, or those that serve as markers for water sources or towns, by which travelers find their way. These are left alone and not touched, because cutting them down causes harm. But if a tree or branches are on roads that harm people, they are removed, and the person who does so is thanked and rewarded.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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