سنن ابي داود
Abu Dawud
كتاب الجهادJihad (Kitab Al-Jihad)
باب فِي ابْنِ السَّبِيلِ يَأْكُلُ مِنَ التَّمْرِ وَيَشْرَبُ مِنَ اللَّبَنِ إِذَا مَرَّ بِهِChapter: Regarding A Wayfarer Eating Dates And Drinking Milk He Passes By.
Hadith 2619
اُردوEn
حَدَّثَنَا عَيَّاشُ بْنُ الْوَلِيدِ الرَّقَّامُ ، حَدَّثَنَا عَبْدُ الْأَعْلَى ، حَدَّثَنَا سَعِيدٌ ، عَنْ قَتَادَةَ ، عَنْ الْحَسَنِ ، عَنْ سَمُرَةَ بْنِ جُنْدُبٍ ، أَنَّ نَبِيَّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " إِذَا أَتَى أَحَدُكُمْ عَلَى مَاشِيَةٍ فَإِنْ كَانَ فِيهَا صَاحِبُهَا فَلْيَسْتَأْذِنْهُ فَإِنْ أَذِنَ لَهُ فَلْيَحْلِبْ وَلْيَشْرَبْ فَإِنْ لَمْ يَكُنْ فِيهَا ، فَلْيُصَوِّتْ ثَلَاثًا فَإِنْ أَجَابَهُ فَلْيَسْتَأْذِنْهُ وَإِلَّا فَلْيَحْتَلِبْ وَلْيَشْرَبْ وَلَا يَحْمِلْ " .
Narrated Samurah ibn Jundub: The Prophet ﷺ said: When one of you comes to the cattle, he should seek permission of their master if he is there; if he permits, he should milk (the animals) and drink. If he is not there, he should call three times. If he responds, he should seek his permission; otherwise, he may milk (the animals) and drink, but should not carry (with him).
Related hadith on this topic
Explanation & Benefits
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
The reason these hadiths are mentioned in the Book of Jihad is that the mujahideen are on journeys.
And eating and drinking are essential needs for them.
And the local people are obligated to provide these necessities.
➋
Allamah Khattabi, in his commentary on this hadith, states:
This concession is for such a traveler
who is in a state of necessity (compulsion), such that if he does not eat or drink, there is a fear of destruction. However, some scholars of hadith say:
This is such property that the Prophet (sallallahu alayhi wa sallam) has made its owner
(permitted him to eat it to the extent of saving his life).
So it is permissible for him.
And no compensation is required for it.
But most jurists say that compensation will be required,
provided that he is able to pay it.
Because the Prophet (sallallahu alayhi wa sallam) said:
It is not lawful to take the property of a Muslim without his pleasure and consent.
(Musnad Ahmad: 72/5) However, if in a certain locality, according to common custom, a small amount of food and drink is permitted, then there will be no need for permission,
nor for paying compensation.
The common custom itself will be equivalent to permission.
As was the common custom in villages in earlier times.
➊
The reason these hadiths are mentioned in the Book of Jihad is that the mujahideen are on journeys.
And eating and drinking are essential needs for them.
And the local people are obligated to provide these necessities.
➋
Allamah Khattabi, in his commentary on this hadith, states:
This concession is for such a traveler
who is in a state of necessity (compulsion), such that if he does not eat or drink, there is a fear of destruction. However, some scholars of hadith say:
This is such property that the Prophet (sallallahu alayhi wa sallam) has made its owner
(permitted him to eat it to the extent of saving his life).
So it is permissible for him.
And no compensation is required for it.
But most jurists say that compensation will be required,
provided that he is able to pay it.
Because the Prophet (sallallahu alayhi wa sallam) said:
It is not lawful to take the property of a Muslim without his pleasure and consent.
(Musnad Ahmad: 72/5) However, if in a certain locality, according to common custom, a small amount of food and drink is permitted, then there will be no need for permission,
nor for paying compensation.
The common custom itself will be equivalent to permission.
As was the common custom in villages in earlier times.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2619
Shaykh Dr. Abdur Rahman Freywai
Explanation:
➊:
This ruling applies to a distressed, compelled, and needy traveler who, in the absence of food, fears for his life. This interpretation is necessary because this hadith is apparently in contradiction to another hadith: "No one should milk the livestock of another without his permission."
➋:
From this, it is understood that Samurah bin Jundub (radi Allahu anhu) also possessed a written collection (sahifah) of ahadith.
➊:
This ruling applies to a distressed, compelled, and needy traveler who, in the absence of food, fears for his life. This interpretation is necessary because this hadith is apparently in contradiction to another hadith: "No one should milk the livestock of another without his permission."
➋:
From this, it is understood that Samurah bin Jundub (radi Allahu anhu) also possessed a written collection (sahifah) of ahadith.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1296
