سنن ابن ماجه
Ibn Majah
كتاب التجاراتThe Chapters on Business Transactions
بَابُ : مَنْ مَرَّ عَلَى مَاشِيَةِ قَوْمٍ أَوْ حَائِطٍ هَلْ يُصِيبُ مِنْهُChapter: One Who Passes By The Livestock (Of Some People) Or A Garden - Can He Take Something Fro
Hadith 2300
اُردوEn
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى ، حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ ، أَنْبَأَنَا الْجُرَيْرِيُّ ، عَنْ أَبِي نَضْرَةَ ، عَنْ أَبِي سَعِيدٍ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : " إِذَا أَتَيْتَ عَلَى رَاعٍ فَنَادِهِ ثَلَاثَ مِرَارٍ ، فَإِنْ أَجَابَكَ وَإِلَّا فَاشْرَبْ فِي غَيْرِ أَنْ تُفْسِدَ ، وَإِذَا أَتَيْتَ عَلَى حَائِطِ بُسْتَانٍ فَنَادِ صَاحِبَ الْبُسْتَانِ ثَلَاثَ مَرَّاتٍ ، فَإِنْ أَجَابَكَ ، وَإِلَّا فَكُلْ فِي أَنْ لَا تُفْسِدَ " .
´It was narrated from Abu Sa'eed that the Prophet (ﷺ) said:` "When you come to a shepherd, call him three times. If he answers (all well and good), otherwise drink (milk from the flock) without taking advantage. And when you come to a garden call the owner of the garden three times. If he answers (all well and good), otherwise eat (from the produce of the garden) without taking advantage."
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
It is not permissible to use anything from someone’s field, orchard, or herd without the owner’s permission.
➋
If the owner is not present, one should still make an effort to call the owner and obtain permission.
➌
If, after calling three times, it is still not possible to contact the owner, then in a case of severe necessity, one may take fruit or milk without permission, but only as much as is needed.
➍
This permission is limited.
It may only be used to fulfill an immediate need, and even then, only when it is not possible to obtain food through other lawful means.
➎
By “corruption” is meant: taking more than what is needed, or carelessly picking unripe fruit and wasting it while harvesting, or causing harm to the trees, or slaughtering the goat or its kid instead of just taking milk.
All such situations are impermissible.
➏
If a needy person uses something belonging to someone, the owner receives reward, even if it was used without his knowledge.
The Prophetic statement is:
“Whenever a Muslim plants a tree or sows a crop, and then a bird, a human, or an animal eats from it, it becomes charity for that person.” (Sahih al-Bukhari, al-Harth wal-Muzara‘ah, Chapter: The Virtue of Planting and Sowing if Something is Eaten from It..., Hadith: 2320; and Sahih Muslim, al-Musaqat, Chapter: The Virtue of Planting and Sowing, Hadith: 1552)
➐
Our esteemed researcher has declared the mentioned narration weak in its chain, while other scholars have graded it authentic (sahih) and good (hasan). Therefore, according to necessity, it is permissible to act upon this hadith.
For details, see:
(al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 17/98, 99; al-Irwa’ by al-Albani, no. 2521; al-Mishkat, no. 2953, second verification)
➊
It is not permissible to use anything from someone’s field, orchard, or herd without the owner’s permission.
➋
If the owner is not present, one should still make an effort to call the owner and obtain permission.
➌
If, after calling three times, it is still not possible to contact the owner, then in a case of severe necessity, one may take fruit or milk without permission, but only as much as is needed.
➍
This permission is limited.
It may only be used to fulfill an immediate need, and even then, only when it is not possible to obtain food through other lawful means.
➎
By “corruption” is meant: taking more than what is needed, or carelessly picking unripe fruit and wasting it while harvesting, or causing harm to the trees, or slaughtering the goat or its kid instead of just taking milk.
All such situations are impermissible.
➏
If a needy person uses something belonging to someone, the owner receives reward, even if it was used without his knowledge.
The Prophetic statement is:
“Whenever a Muslim plants a tree or sows a crop, and then a bird, a human, or an animal eats from it, it becomes charity for that person.” (Sahih al-Bukhari, al-Harth wal-Muzara‘ah, Chapter: The Virtue of Planting and Sowing if Something is Eaten from It..., Hadith: 2320; and Sahih Muslim, al-Musaqat, Chapter: The Virtue of Planting and Sowing, Hadith: 1552)
➐
Our esteemed researcher has declared the mentioned narration weak in its chain, while other scholars have graded it authentic (sahih) and good (hasan). Therefore, according to necessity, it is permissible to act upon this hadith.
For details, see:
(al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 17/98, 99; al-Irwa’ by al-Albani, no. 2521; al-Mishkat, no. 2953, second verification)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2300
