Toggle above to switch between keyword search and direct hadith lookup
موطا امام مالك رواية ابن القاسم
Muwatta Malik (Qasim)
Discussion on Forbidden and Unlawful Matters
Prohibition of using another's property without permission
Hadith 603
اُردوEn
251- وبه: أن رسول الله صلى الله عليه وسلم قال: ”لا يحلبن أحد ماشية أحد بغير إذنه أيحب أحدكم أن تؤتى مشربته فتكسر خزانته فينتقل طعامه، فإنما تخزن لهم ضروع مواشيهم أطعماتهم، فلا يحلبن أحد ماشية أحد إلا بإذنه.“
And with this same chain (it is narrated from Sayyiduna Ibn Umar, may Allah be pleased with them both) that the Messenger of Allah, peace and blessings be upon him, said: "None of you should milk someone else's animal without their permission. Would any of you like that someone comes into his room, breaks open his treasure, and then takes his food (grain) and transfers it to himself? The udders of people's animals store and preserve their food (milk), so none of you should milk another's animal without their permission."
Related hadith on this topic
Explanation & Benefits
Hafiz Zubair Ali Zai
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.
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.
Source: Muwatta Imam Malik (Narration of Ibn al-Qasim): Commentary by Zubair Ali Zai, Page: 251
Maulana Dawood Raz
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.
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.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2435
Shaykh Abdul Sattar al-Hammad
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.
(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.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2435
Shaykh Umar Farooq Saeedi
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.
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.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2623
Maulana Ataullah Sajid
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.
(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.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2302
