Bukhari

Hadith Commentary:
The purpose of bringing this chapter is that there is a difference of opinion among people regarding this issue.
Some have said that if a person passes by an orchard or a herd of animals, he may eat the fruit of the orchard or drink the milk of the animal, even if he does not seek the owner's permission. However, the majority of scholars are against this.
They say that it is not permissible to do so without necessity.
And if one does so in a time of need, then he must pay compensation to the owner.
Imam Ahmad (rahimahullah) has said that if the orchard is not fenced, one may eat fresh fruit, even if there is no necessity.
There is another narration that this is only when there is need and necessity, but in both cases, there will be no compensation upon him.
And their evidence is the hadith of Imam Bayhaqi (rahimahullah) from Ibn Umar (radi Allahu anhu), reported marfu‘an: "When any of you passes by an orchard, let him eat (from it), but let him not collect and take it away."
In summary, in the present circumstances, it is not appropriate to eat the fruit of any orchard without permission, whether there is need or not.
Similarly, to milk an animal and drink it on one's own without the owner's permission is also not correct in this era.
If a person is in a state of dire necessity, close to death from thirst or hunger, and in that state he passes by an orchard or a herd, then in such compulsion, permission has been granted for him.
This too is with the condition that if the owner later demands compensation, it should be given to him.

Hadith Commentary:
(1)
This hadith has been mentioned in the chapters of Luqata (lost property) because it also contains rulings related to luqata. In it, there is mention of a matter similar to the case of luqata, that is, drinking the milk of a goat whose shepherd is alone in the wilderness, and the excess milk would certainly go to waste; therefore, this too falls under the ruling of something that would otherwise be lost. Just as it is permissible to pick up a whip or a rope, similarly, drinking the milk is also permissible and lawful, because if it were not drunk, it would be wasted. (Umdat al-Qari: 180/9)

However, according to our inclination, the explanation is that Imam Bukhari rahimahullah sometimes mentions the opposite of a matter for the sake of clarifying an issue, just as he has discussed issues of disbelief and hypocrisy in the Book of Faith, and has mentioned ignorance in the Book of Knowledge. Similarly, at this place, under a chapter without a title, he has brought this hadith as an opposite, that wealth whose owner is known is not included in luqata.

But an objection arises here: the shepherd was not the owner of the goats; their owner was that Qurayshi whom Abu Bakr al-Siddiq radi Allahu anhu knew. So how was it permissible for them to milk the goat without permission? The answer given is that you acted according to the custom of the Arabs, as the owners would grant permission to the shepherds that if a needy person came, they could give him milk as needed—just as in our society, a husband gives his wife permission to give a handful or two of flour to a beggar who comes to the door.

It is also possible that Abu Bakr radi Allahu anhu recognized him as someone who would not object to the milk being drunk.

And Allah knows best.

(2)
In our society, announcements are made in mosques regarding lost children and other items. What is the legal (shar‘i) status of such announcements? It should be clear that announcing a lost item, child, or animal in the mosque is not permissible according to the Shari‘ah.

It is mentioned in the hadith: The Messenger of Allah sallallahu alayhi wa sallam said:
“If anyone seeks his lost item in the mosque or makes an announcement about it, then respond to him with these words: ‘May Allah not return it to you,’ for the mosques were not built for this purpose.” (Sahih Muslim, al-Masajid, Hadith: 1260(568))

In another narration, the Messenger of Allah sallallahu alayhi wa sallam saw a man in the mosque inquiring from people about his lost red camel, so he said:
“May Allah not return your camel to you, for the mosques were built only for the worship of Allah.” (Sahih Muslim, al-Masajid, Hadith: 1262(569))

In another hadith, the purposes for which mosques are built have also been clarified. The Messenger of Allah sallallahu alayhi wa sallam said:
“Mosques are built for the remembrance of Allah, the performance of prayers, and the recitation of the Qur’an.” (Sahih Muslim, al-Taharah, Hadith: 661(285))

The Messenger of Allah sallallahu alayhi wa sallam forbade searching for lost items (animals, etc.) in the mosques and inquiring about them. (Sunan Ibn Majah, al-Masajid: 766) He also instructed that a supplication be made against such a person, that he not find his lost item, as mentioned earlier.

Some people say that the word “dallah” applies only to lost animals, so it is permissible to announce the loss of children, etc. We do not agree with this, because this word is also used for things other than animals.

Some scholars have raised the point that, considering the preservation of life and the respect of humanity, announcing lost children in mosques should be permissible, and have tried to bring this under the principle that necessities make prohibited things permissible. Certainly, this rule and principle is correct, but only in cases where there is no alternative arrangement possible. If alternatives are available, then there is no allowance for making announcements in mosques.

It is better and preferable that a separate arrangement be made for such announcements.

Hadith Footnote:
Hazrat Suraqah bin Malik radi Allahu anhu was a poet of high rank; even on this occasion, he presented a qasidah (ode). He passed away in 24 AH.

Hadith Commentary:
1.
After narrating the hadith of migration, Imam Bukhari rahimahullah has begun to mention selected incidents that occurred during this period.
Among these incidents is the event involving Suraqah bin Malik radi Allahu anhu.
When he pursued the Messenger of Allah sallallahu alayhi wa sallam out of greed for the reward.
The Messenger of Allah sallallahu alayhi wa sallam supplicated against him:
“O Allah! Suffice us against him in whatever manner You wish.”
(Fath al-Bari: 7/301)
In another narration, it is mentioned that he supplicated:
“O Allah! Cause him to fall to the ground.”
So his horse immediately threw him to the ground.
(Sahih al-Bukhari, Manaqib al-Ansar, Hadith: 3911.)
2.
The second incident is about milking a sheep from a shepherd, the details of which have already been mentioned previously.

Hadith Commentary:
During the event of the Hijrah, many miracles were manifested from the Prophet (sallallahu alayhi wa sallam), the details of which have been transmitted in various narrations.
Here too, some of his miracles are mentioned, which shed ample light upon his truthfulness and veracity.
For people of insight, there is not the slightest room for doubt or suspicion regarding his being the true Messenger, and for those blind of heart, even a thousand such signs are insufficient.

Hadith Commentary:
➊
During the journey of migration, many miracles were manifested from the Messenger of Allah (sallallahu alayhi wa sallam), the details of which have been mentioned in various narrations.
In this hadith as well, some of your miracles are mentioned, which shed ample light on your truthfulness and veracity.
For people of insight, there is not even the slightest room for doubt or suspicion.
Truly, you are the Messenger of Allah; however, for those blind in intellect, even thousands or millions of such signs are insufficient.
➋
From this hadith, it is also understood that the subordinate should serve his superior.
➌
During travel, one should keep a water-skin or jug, etc., nearby so that it is easy to drink water and perform ablution (wudu). Also, in this is the virtue of placing trust (tawakkul) in Allah, and it is also understood that when a great personality is resting, it is very important to guard him.
➍
In this hadith, there is doubt regarding the shepherd of the goats—whether he was a resident of Madinah or Makkah.
In reality, he was a slave of a Qurayshi of Makkah, because at that time Madinah Tayyibah was famous by the name of Yathrib.
After the arrival of the Messenger of Allah (sallallahu alayhi wa sallam), it was given the name Madinah. Moreover, traveling such a long distance to graze goats is very difficult. In one narration, it is explicitly stated that he was a slave of a Qurayshi; from this as well, it is understood that he was not from Madinah Tayyibah, because at that time no Qurayshi resided in Madinah Tayyibah.
(‘Umdat al-Qari: 11/351)
The details of other incidents related to the migration will be mentioned under hadith 3906, insha’Allah.

Hadith Commentary:
The event of the Hijrah is one of the most significant incidents in the life of the Prophet (sallallahu alayhi wa sallam), during which many of his miracles manifested. Here too, several miracles have been mentioned. Accordingly, this chapter pertains to the virtues of the emigrants (muhajirun), and thus the initial events of the Hijrah have been described in it.
This is the connection between the chapter and the hadith.

Explanation:
Imam Nawawi rahimahullah said: As for the fact that the Prophet sallallahu alayhi wa sallam drank milk from the hand of that boy even though he was not the owner of the milk, there are four explanations for this. ➊ The first is that the owner had given permission for travelers and guests to be served. ➋ The second is that the animal belonged to a friend, in whose property he was allowed to make use. ➌ The third is that it was the property of a harbi (a non-Muslim at war with Muslims) who had not been granted protection, and taking such property is permissible. ➍ The fourth is that they were in a state of necessity (idtirar). The first two explanations are the best.

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Qama qa’imu al-zuhrih:
The sun stood overhead,
it became exactly midday.
(2)
Rufi‘at lana sakhrah:
A rock became visible to us.
(3)
Furwah:
A blanket made of hair or wool,
a cloak whose inner part is made from the skin of animals.
(4)
Anfadhu laka:
I keep watch for you,
I pay attention to the surroundings.
(5)
Ahl al-madinah:
People of the city,
here “city” refers to Makkah,
because “Madinah al-Nabi” became its name after your (sallallahu alayhi wa sallam) migration,
before that it was called Yathrib, and in the narration of Sahih al-Bukhari it is “li-rajulin min Quraysh,” and the Quraysh resided only in Makkah.
Qa‘b:
A wooden bowl.
(6)
Kathbah:
Some,
a little,
milk that comes out at one time.
(7)
Artawi:
I used to keep water in it.
(8)
Irtatamat farasahu:
His horse became stuck.

Benefits and Issues:
The Quraysh had announced a reward of one hundred camels for the one who would capture you (sallallahu alayhi wa sallam),
therefore he set out in pursuit of you and this incident occurred.

Hadith Commentary:
Vocabulary of the Hadith:
Sakhat farasahu:
His mare’s legs sank into the hard ground.

Benefits and Issues:
This incident pertains to the journey of migration (hijrah),
from which it is understood how Allah protects His servants from their enemies and how wondrous events may occur through them.
However, to deduce from this that even now, in times of hardship and difficulty, one may request supplication (du'a) and aid from them,
is incorrect,
because at that time, you (sallallahu alayhi wa sallam) were present before him and he was seeing you, whereas now the situation is different.
Yes, it is permissible to go to a living righteous person and request him to supplicate (make du'a).
Furthermore, if the earth was subservient to you (sallallahu alayhi wa sallam), then what was the need to supplicate to Allah?
You could have directly commanded the earth.

Hadith Commentary:
Vocabulary of the Hadith:
Kuthbah:
Refers to a small quantity of something.

Benefits and Issues:
It was the custom of the Arabs that if a traveler needed milk, the shepherd could give it to him. And from this hadith, there is a profound expression of Abu Bakr's (radi Allahu anhu) love and devotion for the Prophet (sallallahu alayhi wa sallam): he was restless and distressed due to the Prophet’s thirst. When he presented milk to the Prophet (sallallahu alayhi wa sallam) and the Prophet drank it and quenched his thirst, Abu Bakr’s (radi Allahu anhu) restlessness subsided and he became content and pleased.