What is the ruling regarding eating fruit from people's gardens when hungry, absent immediate severe necessity?

General Chapter

Al-Mughni

Book of Hunting and Slaughter

Book 56 · Issue 3 · Bab 1

Open in Qurani

Primary text

Imam Ahmad stated that if a garden is not enclosed by a surrounding wall (hait), a person may eat the fruit when hungry, but not if they are not hungry. He mentioned that many Companions of the Prophet performed this act. However, if the garden has a wall, one must not eat, as it becomes akin to protected, private domain ('harem'). He also stated in another instance that the concession is for the traveler, but immediate severe necessity is not required for eating outside an enclosed area, as enclosure itself permits eating beyond the wall. Another narration attributes to Imam Ahmad the view that eating from fruit outside an enclosure is permissible absolutely, without considering hunger or lack thereof.

Supporting text

The practice of eating fruit while passing by, without taking a store, was narrated from the Companions Anas ibn Malik, 'Abd al-Rahman ibn Samurah, and Abu Burdah, aligning with the views of 'Umar and Ibn 'Abbas. 'Umar stated: one eats but does not keep a hidden store ('khabnah').