What is the ruling regarding the consumption of food belonging to another person during dire necessity (Darurah)?
General Chapter
Al-Mughni
Book of Hunting and Slaughter
Primary text
If a person is in a state of necessity and finds food belonging only to another, the matter depends on the owner's state. If the owner is also in dire necessity, the owner has a greater right to the food, and taking it is prohibited. If taken unlawfully, the taker is liable for its full replacement value (daman). If the owner is not in necessity, they must surrender the food to the needy person because saving a protected life is paramount. If the owner refuses, the needy person is permitted to take it, as it becomes rightfully theirs over the owner. If fighting is necessary to obtain it, fighting is permitted; if the needy person dies, they are considered a martyr, and the aggressor is liable for their life. If taking the food leads to killing the owner, the owner's death is without compensation (hudar), as the owner is the aggressor for fighting to withhold necessity provisions.
Supporting text
If the food can be obtained through purchase or appeasement (istirdā’/رضاء), fighting is not permitted. If the owner demands more than the customary price (thaman mithli), Al-Qadi stated fighting is permissible, but the preferred view is that fighting is not permitted as access is possible without it. If purchased at an inflated price, the buyer is only obligated to pay the customary price, as the item became rightfully theirs through necessity, and compensation is owed, whether immediately or in debt.