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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 2301
اُردوEn
حَدَّثَنَا هَدِيَّةُ بْنُ عَبْدِ الْوَهَّابِ ، وَأَيُّوبُ بْنُ حَسَّانَ الْوَاسِطِيُّ ، وعلي بن سلمة قَالُوا : حَدَّثَنَا يَحْيَى بْنُ سُلَيْمٍ الطَّائِفِيُّ ، عَنْ عُبَيْدِ اللَّهِ بْنِ عُمَرَ ، عَنْ نَافِعٍ ، عَنْ ابْنِ عُمَرَ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : " إِذَا مَرَّ أَحَدُكُمْ بِحَائِطٍ ، فَلْيَأْكُلْ وَلَا يَتَّخِذْ خُبْنَةً " .
´It was narrated from Ibn 'Umar that the Messenger of Allah (ﷺ) said:` "When anyone of you passes by a garden let him eat therefrom, but he should not carry any away in his garment."'
Related hadith on this topic
Brief Explanation
1؎: The ahadith in which permission is given to take milk or fruit without the owner's consent are, according to most scholars, abrogated. Their abrogator is those ahadith in which it is declared unlawful (haram) to take a Muslim's property without his permission. Some have said that these ahadith are to be understood as applying to the situation when a person is so overwhelmed by hunger that he is near death, i.e., in a state of dire necessity (makhmasah). In such a situation, the unlawful becomes lawful, and thus it is permissible to eat or drink fruit or milk without permission. However, it is necessary that one only takes as much as is needed to save one's life, and does not damage more of the property than necessary, nor should he tie it up and take it away with him.
Explanation & Benefits
Maulana Ataullah Sajid
Benefits and Issues:
➊
In a situation of necessity to alleviate hunger, it is permissible to eat fruit from someone’s orchard.
➋
It is not permissible to pick more fruit than needed, nor to take along any leftovers after eating; rather, this is included in theft.
➌
If he does take it along, then he will be subject to both a financial penalty and corporal punishment. According to the narration in Sunan al-Bayhaqi, the financial penalty is that double the value of the stolen property should be taken, and the corporal punishment is that a few lashes should be administered. See: (Subul al-Salam, Sharh Bulugh al-Maram, Kitab al-Hudud, Bab Hadd al-Sariqah, Hadith: 11)
➍
If the value of the stolen property is equal to a quarter dinar (one hashah, one rati—approximately one gram of gold), then the thief’s hand will be cut off. See: (Sunan Ibn Majah, Hadith: 2585)
➎
Our esteemed researcher has declared the aforementioned narration weak in its chain of transmission, but has discussed it at length in the research and verification, and in the end has presented a narration from Umar radi Allahu anhu with a strong chain, which is similar in meaning to the aforementioned narration. From this, it is understood that, according to the Shaykh rahimahullah, the aforementioned narration is only weak in its chain, but correct in its meaning.
And Allah knows best.
➊
In a situation of necessity to alleviate hunger, it is permissible to eat fruit from someone’s orchard.
➋
It is not permissible to pick more fruit than needed, nor to take along any leftovers after eating; rather, this is included in theft.
➌
If he does take it along, then he will be subject to both a financial penalty and corporal punishment. According to the narration in Sunan al-Bayhaqi, the financial penalty is that double the value of the stolen property should be taken, and the corporal punishment is that a few lashes should be administered. See: (Subul al-Salam, Sharh Bulugh al-Maram, Kitab al-Hudud, Bab Hadd al-Sariqah, Hadith: 11)
➍
If the value of the stolen property is equal to a quarter dinar (one hashah, one rati—approximately one gram of gold), then the thief’s hand will be cut off. See: (Sunan Ibn Majah, Hadith: 2585)
➎
Our esteemed researcher has declared the aforementioned narration weak in its chain of transmission, but has discussed it at length in the research and verification, and in the end has presented a narration from Umar radi Allahu anhu with a strong chain, which is similar in meaning to the aforementioned narration. From this, it is understood that, according to the Shaykh rahimahullah, the aforementioned narration is only weak in its chain, but correct in its meaning.
And Allah knows best.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2301
