What is the ruling on milking and drinking the milk of another's livestock when one encounters them?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
There are differing rulings regarding the permissibility of milking another person's livestock and drinking the milk thereof when encountering them without the owner present. According to one transmission from Ahmad, it is permissible to milk and drink, but not to carry the milk away. This is supported by the narration from Harthamah from Samurah, where the Prophet (PBUH) stated that if one comes upon livestock, they must ask permission if the owner is present. If the owner is absent, one should call out three times. If no one answers, one may milk and drink, but not carry it away. Al-Tirmidhi deemed this hadith Hasan Sahih, and it is the practice followed by some scholars, including Ahmad and Ishaq.
Supporting text
A second ruling states that it is not permissible to milk or drink the milk. This is based on the narration from Ibn Umar, where the Messenger of Allah (PBUH) forbade anyone from milking another's livestock without permission, comparing it to someone breaking into one's storehouse and removing food, asserting that the milk in the udders is the owner's stored provision. This hadith is agreed upon (Muttafaq 'alayh).