سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِي الرُّخْصَةِ فِي أَكْلِ الثَّمَرَةِ لِلْمَارِّ بِهَاChapter: ….
Hadith 1287
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ الْمَلِكِ بْنِ أَبِي الشَّوَارِبِ، حَدَّثَنَا يَحْيَى بْنُ سُلَيْمٍ، عَنْ عُبَيْدِ اللَّهِ بْنِ عُمَرَ، عَنْ نَافِعٍ، عَنْ ابْنِ عُمَرَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " مَنْ دَخَلَ حَائِطًا فَلْيَأْكُلْ ، وَلَا يَتَّخِذْ خُبْنَةً " . قَالَ : وَفِي الْبَاب ، عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو ، وَعَبَّادِ بْنِ شُرَحْبِيلَ ، وَرَافِعِ بْنِ عَمْرٍو ، وَعُمَيْرٍ مَوْلَى آبِي اللَّحْمِ ، وَأَبِي هُرَيْرَةَ . قَالَ أَبُو عِيسَى : حَدِيثُ ابْنِ عُمَرَ حَدِيثٌ غَرِيبٌ ، لَا نَعْرِفُهُ مِنْ هَذَا الْوَجْهِ ، إِلَّا مِنْ حَدِيثِ يَحْيَى بْنِ سَلِيمِ ، وَقَدْ رَخَّصَ فِيهِ بَعْضُ أَهْلِ الْعِلْمِ لِابْنِ السَّبِيلِ فِي أَكْلِ الثِّمَارِ ، وَكَرِهَهُ بَعْضُهُمْ إِلَّا بِالثَّمَنِ .
Narrated from Abdullah bin Umar (may Allah be pleased with them) that the Prophet Muhammad (peace and blessings be upon him) said: "Whoever enters an orchard may eat (the fruit), but should not take it away tied up in his clothes."
© Imam Tirmidhi says:
1- The hadith of Ibn Umar (may Allah be pleased with them) is gharib. We know it only through this route from Yahya bin Salim.
2- In this chapter, there are also ahadith from Abdullah bin Amr, Abbad bin Sharhabil, Rafi' bin Amr, Umair the freed slave of Abi Al-Lahm, and Abu Hurairah (may Allah be pleased with them).
3- Some people of knowledge have permitted a passerby to eat the fruit, and some have considered it impermissible, except if he pays the price.
© Imam Tirmidhi says:
1- The hadith of Ibn Umar (may Allah be pleased with them) is gharib. We know it only through this route from Yahya bin Salim.
2- In this chapter, there are also ahadith from Abdullah bin Amr, Abbad bin Sharhabil, Rafi' bin Amr, Umair the freed slave of Abi Al-Lahm, and Abu Hurairah (may Allah be pleased with them).
3- Some people of knowledge have permitted a passerby to eat the fruit, and some have considered it impermissible, except if he pays the price.
Related hadith on this topic
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
