What is the ruling on eating fruit from a garden without permission, regardless of necessity?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
The majority of jurists prohibit eating fruit out of necessity based on the narration of Al-'Irbad ibn Sariyah, where the Messenger of Allah, peace be upon him, said: 'Be advised that Allah has not made it permissible for you to enter the houses of the People of the Book without permission, nor to strike their women, nor to eat their fruit if they have given you what is due to you.' Furthermore, the sanctity of property is established by the Prophet's saying: 'Indeed, your blood, your wealth, and your honor are sacred, like the sanctity of this day of yours,' which is agreed upon (Muttafaqun 'Alayh).
Supporting text
The concession permitting eating is established by the narration from 'Amr ibn Shu'ayb, from his father, from his grandfather, that the Prophet, peace be upon him, was asked about hanging fruit and stated: 'What one takes due to need, without intending to make it a store ('khabnah'), there is nothing upon them, but whoever removes anything from it is liable for a fine double its value and punishment.' Al-Tirmidhi called this hadith Hasan. A narration from Abu Sa'id al-Khudri states that if one comes to a garden and calls out to the owner three times, and receives no answer, one may eat without causing destruction. This view, held by named Companions without dissent, suggests scholarly consensus. Saad's abstention from eating is not a contradiction, as one may leave the permissible due to wealth, piety, or aversion, similar to the Prophet's leaving the eating of the lizard (dabb).