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English translation
4961. It was narrated from ‘Amr bin Shu’aib, from his father, from his grandfather ‘Abdullâh bin ‘Amr, that the Messenger of Allâh ﷺ was asked about fruit on the tree. He said: “Whatever a needy person takes without putting any in his pocket (and taking it away), there is no penalty on him. But whoever takes anything away, he must pay a penalty of twice its value, and be punished. Whoever steals something after it has been stored properly, and its value is equal to that of a shield, his hand must be cut off. Whoever steals something worth less than that, he must pay a penalty of twice its value and be punished.”) (Hasan)
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Commentary
‘A needy person’: This signifies a person who has nothing to eat, not even a sum of money, with which he could buy something to eat. His hunger is intense, therefore, it is permissible to pluck the fruit and eat it, because to save life is essential. If the owner is, however, somewhere around, his permission should be taken. If he refuses permission, then such person may pick the fruit without permission and eat it. But he should stop at satisfying his hunger only. He should not eat his fill, nor should he take away anything; neither placing it in his garment nor clasping it in hands.