What is the ruling on a person who takes hanging fruit out of necessity without hoarding?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 2

Open in Qurani

Primary text

When asked about hanging fruit, the Prophet, peace be upon him, stated that one who takes from it by mouth due to need, without collecting it for hoarding (*ghayr mutakhidh khibnah*), has no penalty. However, one who leaves with any portion of it is liable for double the amount as a fine (*gharamah*) and corporal punishment. If something is stolen from it after it has been gathered into the storage pit (*al-jareen*) and reaches the value of a shield (*thaman al-mijn*), amputation is required. This specifies the general meaning of the verse.