What is the ruling on eating fruit from an enclosed garden ('muhawwatah')?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If a garden is enclosed by a wall, it is not permissible to enter or eat from it, based on the statement of Ibn 'Abbas: 'If it has a wall, it is protected ('hareem'), so do not eat; but if it has no wall, there is no harm.' The enclosure indicates the owner's desire to protect it and lack of leniency.
Supporting text
Some scholars specified that if a guard ('natour') is present, it is treated like an enclosed garden, meaning one is not permitted to enter or eat, except in cases of dire necessity.