Nasai

(1) The purpose of the chapter is to show that filing a claim is legally permissible in Shariah. This is not an act of aggression against the other party, but rather it is correct in order to obtain one’s right.

(2) “He was ignorant” means that the one who made the mistake should have been taught the correct and proper way to act. He was a stranger, and moreover, he was hungry, so you should have kindly explained to him that instead of breaking (the fruit) at will, he should have asked the owner. Then you should have given him more to eat so that his need would be fulfilled, whereas you snatched the poor man’s sheet and beat him as well.

(3) It is understood from this that before administering punishment for crimes, it is necessary to educate and train people, and also to fulfill their basic needs so that they do not commit crimes in order to save their lives.

(4) From this blessed hadith, it is understood that a needy person may take and eat from someone’s orchard or field according to his need; however, it is not permissible to take so much that, after fulfilling his need, he takes some away with him. Remember that eating or drinking from someone’s orchard without permission is not such a crime that the hadd (prescribed punishment) of theft should be applied to it. Rather, if he is hungry, nothing should be said to him, and if he is not hungry, then he may be fined, etc. If necessary, corporal punishment may also be given.

(5) “He issued a ruling”—that is, from the Bayt al-Mal (public treasury), not from that man’s wealth. In the narration of Abu Dawud, it is explicitly stated that the Prophet (sallallahu alayhi wa sallam) gave me a sa‘ or half a sa‘ of grain. (Sunan Abi Dawud, al-Jihad, Hadith: 2620)

(6) The amount of grain loaded on a camel is also called a wasq.

(7) Taking a small amount of someone’s property without permission is not included in that theft for which the punishment is the cutting of the hand. For this, an appropriate discretionary punishment (ta‘zir) is sufficient. However, before punishing someone who has taken another’s property without permission, the reason should be ascertained, and if he has a valid excuse, then he should be pardoned, because there are some situations in which pardoning is the correct course of action.

(8) It is also understood from this blessed hadith that such a deserving person should be helped from the Bayt al-Mal and the government treasury. This is his right.

Benefits and Issues:

➊
A person in need may take a small amount from someone’s field or orchard according to his necessity; however, it is not permissible to take so much that he carries it away with him.

➋
If the circumstances of the one who made a mistake are ascertained, then the correct attitude can be adopted towards him.

➌
The Prophet (sallallahu alayhi wa sallam) did not punish the owner of the field because he was in the right, but he did declare his manner of action to be incorrect.

➍
The one who makes a mistake should also be informed of the correct course of action. The Prophet (sallallahu alayhi wa sallam) clearly stated what attitude should be adopted towards a hungry person, and he also had his garment returned to him.

➎
The deserving person should be assisted from the public treasury (bayt al-mal).

➏
Taking a small amount of someone’s property without permission does not fall under that theft for which the punishment is the cutting of the hand. For this, an appropriate discretionary punishment (ta’zir) is sufficient, and in special circumstances, it can also be forgiven.