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الفتح الربانی
Fath al-Rabbani
مسائل الغصبIssues of Usurpation
باب النهي عَنْ جِدِهِ وَهَزْلِهِ وَوَعِيدِ مَنِ اخْتَصَبَ مَالَ أخيهChapter: Prohibition of taking property unjustly, whether in jest or seriousness, and the warning to one who seizes his brother’s wealth
Hadith 6193
اُردوEn
عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ قَالَ كُنَّا فِي سَفَرٍ مَعَ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ فَأَرْمَلْنَا وَأَنْفَضْنَا فَأَتَيْنَا عَلَى إِبِلٍ مَصْرُورَةٍ بِلِحَاءِ الشَّجَرِ وَابْتَدَرَهَا الْقَوْمُ لِيَحْلِبُوهَا فَقَالَ لَهُمْ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ إِنَّ هَذِهِ عَسَى أَنْ يَكُونَ فِيهَا قُوتُ أَهْلِ بَيْتٍ مِنَ الْمُسْلِمِينَ أَتُحِبُّونَ لَوْ أَنَّهُمْ أَتَوْا عَلَى مَا فِي أَزْوَادِكُمْ فَأَخَذُوهُ ثُمَّ قَالَ إِنْ كُنْتُمْ لَا بُدَّ فَاعِلِينَ فَاشْرَبُوا وَلَا تَحْمِلُوا
It is narrated from Sayyiduna Abu Hurairah (may Allah be pleased with him), he says: We were on a journey with the Messenger of Allah (peace and blessings be upon him), and it so happened that our provisions ran out and we became needy. Then we passed by some she-camels whose udders were tied with strips of tree bark. People rushed towards them to milk them, but the Messenger of Allah (peace and blessings be upon him) said to them: It is possible that this is the food of some Muslim family. Would you like it if these people came and took your provisions? Then he (peace and blessings be upon him) said: If you have no other option, then drink here and do not take anything away with you.
Brief Explanation
Benefits: … Consider further the following ahadith related to this chapter:
It is narrated from Sayyiduna Abu Sa‘id al-Khudri radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “When one of you comes to a garden and wishes to eat from it, he should call out three times: ‘O owner of the garden!’ If he receives a response, then fine; otherwise, he may eat from it. Similarly, if someone passes by camels and wishes to drink their milk, he should call out: ‘O owner of the camels! O shepherd of the camels!’ If he receives a response, then fine; otherwise, he may drink the milk.” (Musnad Ahmad: 3/8)
It is narrated from Sayyiduna Samurah ibn Jundub radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “When a man passes by someone’s animals, if their owner is present, he should seek permission from him. If he grants permission, he may milk and drink. If there is no one present among them, he should call out three times. If someone responds, he should seek permission, and if no one responds, he may milk and drink, but he should not take anything away with him.” (Abu Dawud: 2619, Tirmidhi: 1296)
It is narrated from Sayyiduna Abdullah ibn ‘Amr radi Allahu anhu—a lengthy hadith, a part of which is as follows: He sallallahu alayhi wa sallam was asked about fruits and about those dates that are plucked from the branches. He sallallahu alayhi wa sallam said: “Whoever eats on the spot and does not take any away in his garment, there is no blame upon him. But whoever takes (the fruit) away, he must pay double its price, and he will be beaten and punished.” (Abu Dawud: 1710, Nasa’i: 8/85)
Thus, these are various ahadith related to this subject. From the ahadith of this chapter, it is evident that the wealth of a Muslim is greatly sanctified and cannot be interfered with without permission. In this matter, there is no distinction between small and large items. However, from the three ahadith mentioned in the benefits, it is understood that the fruit of a garden may be eaten and the milk of livestock may be milked without the owner’s permission.
So, the point is that the fundamental rule is that the wealth of a Muslim is forbidden to another without his permission. However, in light of the blessed ahadith, whatever is exempted will be permitted, and in light of these Shari‘ah rulings, the owner must also acknowledge this right of another Muslim. Reflect yourself: when the fruit has been gathered in the threshing floor, no Muslim is permitted to take anything from there without the owner’s permission. But if the fruit is still in the garden, a needy person is allowed to eat from there, but not to take anything away. The same applies to livestock: no animal may be slaughtered, but after calling out three times, a needy person has the right to milk and drink, but not to take any away with him. In view of the severe needs and necessities of Muslims, the pure Shari‘ah has permitted, in the above-mentioned cases, taking another Muslim’s property without permission.
It is narrated from Sayyiduna Abu Sa‘id al-Khudri radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “When one of you comes to a garden and wishes to eat from it, he should call out three times: ‘O owner of the garden!’ If he receives a response, then fine; otherwise, he may eat from it. Similarly, if someone passes by camels and wishes to drink their milk, he should call out: ‘O owner of the camels! O shepherd of the camels!’ If he receives a response, then fine; otherwise, he may drink the milk.” (Musnad Ahmad: 3/8)
It is narrated from Sayyiduna Samurah ibn Jundub radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “When a man passes by someone’s animals, if their owner is present, he should seek permission from him. If he grants permission, he may milk and drink. If there is no one present among them, he should call out three times. If someone responds, he should seek permission, and if no one responds, he may milk and drink, but he should not take anything away with him.” (Abu Dawud: 2619, Tirmidhi: 1296)
It is narrated from Sayyiduna Abdullah ibn ‘Amr radi Allahu anhu—a lengthy hadith, a part of which is as follows: He sallallahu alayhi wa sallam was asked about fruits and about those dates that are plucked from the branches. He sallallahu alayhi wa sallam said: “Whoever eats on the spot and does not take any away in his garment, there is no blame upon him. But whoever takes (the fruit) away, he must pay double its price, and he will be beaten and punished.” (Abu Dawud: 1710, Nasa’i: 8/85)
Thus, these are various ahadith related to this subject. From the ahadith of this chapter, it is evident that the wealth of a Muslim is greatly sanctified and cannot be interfered with without permission. In this matter, there is no distinction between small and large items. However, from the three ahadith mentioned in the benefits, it is understood that the fruit of a garden may be eaten and the milk of livestock may be milked without the owner’s permission.
So, the point is that the fundamental rule is that the wealth of a Muslim is forbidden to another without his permission. However, in light of the blessed ahadith, whatever is exempted will be permitted, and in light of these Shari‘ah rulings, the owner must also acknowledge this right of another Muslim. Reflect yourself: when the fruit has been gathered in the threshing floor, no Muslim is permitted to take anything from there without the owner’s permission. But if the fruit is still in the garden, a needy person is allowed to eat from there, but not to take anything away. The same applies to livestock: no animal may be slaughtered, but after calling out three times, a needy person has the right to milk and drink, but not to take any away with him. In view of the severe needs and necessities of Muslims, the pure Shari‘ah has permitted, in the above-mentioned cases, taking another Muslim’s property without permission.
