سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِي احْتِلاَبِ الْمَوَاشِي بِغَيْرِ إِذْنِ الأَرْبَابِChapter: ….
Hadith 1296
اُردوEn
حَدَّثَنَا أَبُو سَلَمَةَ يَحْيَى بْنُ خَلَفٍ، حَدَّثَنَا عَبْدُ الْأَعْلَى، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنْ الْحَسَنِ، عَنْ سَمُرَةَ بْنِ جُنْدَبٍ، أَنّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " إِذَا أَتَى أَحَدُكُمْ عَلَى مَاشِيَةٍ فَإِنْ كَانَ فِيهَا صَاحِبُهَا فَلْيَسْتَأْذِنْهُ ، فَإِنْ أَذِنَ لَهُ فَلْيَحْتَلِبْ وَلْيَشْرَبْ ، وَإِنْ لَمْ يَكُنْ فِيهَا أَحَدٌ فَلْيُصَوِّتْ ثَلَاثًا ، فَإِنْ أَجَابَهُ أَحَدٌ فَلْيَسْتَأْذِنْهُ ، فَإِنْ لَمْ يُجِبْهُ أَحَدٌ فَلْيَحْتَلِبْ وَلْيَشْرَبْ وَلَا يَحْمِلْ " . قَالَ : وَفِي الْبَاب ، عَنْ عُمَرَ ، وَأَبِي سَعِيدٍ . قَالَ أَبُو عِيسَى : حَدِيثُ سَمُرَةَ حَدِيثٌ حَسَنٌ غَرِيبٌ صَحِيحٌ ، وَالْعَمَلُ عَلَى هَذَا عِنْدَ بَعْضِ أَهْلِ الْعِلْمِ ، وَبِهِ يَقُولُ أَحْمَدُ ، وَإِسْحَاق . قَالَ أَبُو عِيسَى 12 : وَقَالَ عَلِيُّ بْنُ الْمَدِينِيِّ ، سَمَاعُ الْحَسَنِ مِنْ سَمُرَةَ صَحِيحٌ ، وَقَدْ تَكَلَّمَ بَعْضُ أَهْلِ الْحَدِيثِ فِي رِوَايَةِ الْحَسَنِ ، عَنْ سَمُرَةَ ، وَقَالُوا : إِنَّمَا يُحَدِّثُ عَنْ صَحِيفَةِ سَمُرَةَ .
It is narrated from Samurah bin Jundub (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: "When any of you comes to a herd (to drink milk), if its owner is present among them, he should seek permission from him. If he gives permission, then drink the milk. If none of them is present, then call out three times. If someone responds, seek permission from him, and if no one responds, then drink the milk but do not take it away with you."
Imam Tirmidhi says:
1- The hadith of Samurah is Hasan Gharib.
2- In this chapter, there are also ahadith from Umar and Abu Sa'id al-Khudri.
3- The people of knowledge act upon this, Ahmad and Ishaq bin Rahwayh also hold this view.
4- Ali bin al-Madini says that the hearing of Hasan from Samurah is established.
5- Some hadith scholars have criticized the narration of Hasan which he narrated from Samurah; they say that Hasan used to narrate hadith from the written record (sahifah) of Samurah.
Imam Tirmidhi says:
1- The hadith of Samurah is Hasan Gharib.
2- In this chapter, there are also ahadith from Umar and Abu Sa'id al-Khudri.
3- The people of knowledge act upon this, Ahmad and Ishaq bin Rahwayh also hold this view.
4- Ali bin al-Madini says that the hearing of Hasan from Samurah is established.
5- Some hadith scholars have criticized the narration of Hasan which he narrated from Samurah; they say that Hasan used to narrate hadith from the written record (sahifah) of Samurah.
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
➊:
This ruling applies to a distressed, compelled, and needy traveler who, in the absence of food, fears for his life. This interpretation is necessary because this hadith is apparently in contradiction to another hadith: "No one should milk the livestock of another without his permission."
➋:
From this, it is understood that Samurah bin Jundub (radi Allahu anhu) also possessed a written collection (sahifah) of ahadith.
➊:
This ruling applies to a distressed, compelled, and needy traveler who, in the absence of food, fears for his life. This interpretation is necessary because this hadith is apparently in contradiction to another hadith: "No one should milk the livestock of another without his permission."
➋:
From this, it is understood that Samurah bin Jundub (radi Allahu anhu) also possessed a written collection (sahifah) of ahadith.
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1296
Shaykh Umar Farooq Saeedi
Benefits and Issues:
➊
The reason these hadiths are mentioned in the Book of Jihad is that the mujahideen are on journeys.
And eating and drinking are essential needs for them.
And the local people are obligated to provide these necessities.
➋
Allamah Khattabi, in his commentary on this hadith, states:
This concession is for such a traveler
who is in a state of necessity (compulsion), such that if he does not eat or drink, there is a fear of destruction. However, some scholars of hadith say:
This is such property that the Prophet (sallallahu alayhi wa sallam) has made its owner
(permitted him to eat it to the extent of saving his life).
So it is permissible for him.
And no compensation is required for it.
But most jurists say that compensation will be required,
provided that he is able to pay it.
Because the Prophet (sallallahu alayhi wa sallam) said:
It is not lawful to take the property of a Muslim without his pleasure and consent.
(Musnad Ahmad: 72/5) However, if in a certain locality, according to common custom, a small amount of food and drink is permitted, then there will be no need for permission,
nor for paying compensation.
The common custom itself will be equivalent to permission.
As was the common custom in villages in earlier times.
➊
The reason these hadiths are mentioned in the Book of Jihad is that the mujahideen are on journeys.
And eating and drinking are essential needs for them.
And the local people are obligated to provide these necessities.
➋
Allamah Khattabi, in his commentary on this hadith, states:
This concession is for such a traveler
who is in a state of necessity (compulsion), such that if he does not eat or drink, there is a fear of destruction. However, some scholars of hadith say:
This is such property that the Prophet (sallallahu alayhi wa sallam) has made its owner
(permitted him to eat it to the extent of saving his life).
So it is permissible for him.
And no compensation is required for it.
But most jurists say that compensation will be required,
provided that he is able to pay it.
Because the Prophet (sallallahu alayhi wa sallam) said:
It is not lawful to take the property of a Muslim without his pleasure and consent.
(Musnad Ahmad: 72/5) However, if in a certain locality, according to common custom, a small amount of food and drink is permitted, then there will be no need for permission,
nor for paying compensation.
The common custom itself will be equivalent to permission.
As was the common custom in villages in earlier times.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2619
