Bukhari

Hadith Commentary:
In a state of necessity, if during battle someone comes across a herd and the person in distress fears for his life, being on the verge of death due to hunger and thirst, then in such a situation, he may extract milk from an animal of that herd to save his life, even without the owner's permission.
This subject has been discussed elsewhere as well.

Hadith Commentary:
(1)
In some narrations, it is mentioned that if you see a flock of goats in the wilderness, call out three times; if there is no shepherd, you may milk the goats and drink.
Imam Bukhari rahimahullah refutes this position, stating that it is not permissible to milk someone else's animal without their permission. However, if someone is dying of hunger or thirst, then in such a state, he may take milk from an animal in the flock without the owner's permission to save his life.
This is an exceptional (darurah) situation.

(2)
The narration that has been referenced has been reported by Imam Ibn Majah rahimahullah with a sound chain of transmission.
(Sunan Ibn Majah, Kitab al-Tijarat, Hadith: 2300)
Its meaning is also that this can be done in a state of necessity; in normal circumstances, it is not permissible to take someone’s property without permission. Even in a state of compulsion, it may only be taken with the condition that if the owner demands compensation, it must be given.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Mashrabatahu:
A room or a grain storage warehouse.
(2)
Khizanah:
A place for storing grain.

Benefits and Issues:
This hadith establishes that it is not permissible to milk someone’s animal without their permission. If milking is not allowed without permission, then how can it be permissible to take anything else without permission? This is the position of the majority (jumhur). However, if someone is a traveler or is helpless and compelled, then he should call out to the owner so that he may obtain permission from him. If the owner cannot be found, then he may drink as much as is necessary due to need, or if according to local custom and usage, travelers and others are permitted to drink milk, then he may call out and drink. This is because, in Arabia, it was common to have goats or camels that could be milked at any time. The point is that a herd grazing outside in the wilderness is not considered lost property that one may use at will.

Benefits and Issues:
➊
Qiyas (analogical reasoning) is a well-known legal and jurisprudential principle.
And rulings are applied to similar cases and analogues.

➋
If someone, without a valid Shar‘i excuse, extracts so much milk from animals
that its value reaches the threshold (nisab) for theft, then the prescribed punishment (hadd) for theft will be applied to him.

Commentary:
(1) Important daily issues should be discussed in the sermon. (2) The sermon should be delivered while standing. (3) Examples should be mentioned to clarify the issue. (4) It is prohibited to milk a milk-giving animal without the permission of its owner.

Hadith Authentication: [وأخرجه البخاري 2435، ومسلم 13/1726، من حديث مالك به]
Jurisprudential Points:
➊ The wealth of a Muslim is not lawful for another Muslim without his permission, except in the case of wife and children, who may spend on household expenses in a customary manner.
➋ Milk and drink can also be referred to as food. See: [سورة البقرة : 249]
➌ Analogical reasoning (qiyas) is permissible provided it does not contradict the textual evidence (nass).
➍ If a person steals enough milk to reach the threshold (three dirhams) for the prescribed punishment, then the thief’s hand will be cut off.
➎ If one has the means, it is a good deed to keep and maintain milk-giving animals.
➏ One should always be mindful of the rights of others (huquq al-‘ibad).
➐ A good Muslim is one from whose hand and tongue other Muslims remain safe.