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Text and translation
English translation
1287. Ibn 'Umar narrated that the Prophet ﷺ said: "Whoever enters an orchard then let him eat, but not take any in his garment." (Da'if)
[He said:] There are narrations on this topic from 'Abdullāh bin 'Amr, 'Abbād bin Shurahbīl, Rāfi' bin 'Amr, 'Umayr the freed slave of Abī Al-Laḥm, and Abū Hurairah.
[Abū 'Eisā said:] The Hadīth of Ibn 'Umar is a Gharīb Hadīth. We do not know of it from this route except from Yaḥya bin Sulaim. Some of the people of knowledge have permitted the wayfarer to eat from the fruits, and some of them disliked it without paying.
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Commentary
It depends on the custom of the area. In some areas, the owner of a garden allows the passerby to eat the fruit of his garden that has fallen from the trees, and in case someone is hungry, he is allowed to pick from the tree and eat. In some areas it is strictly prohibited by the owners. No one can have anything from the garden. In the areas where it is prohibited, first one should seek permission, and then take some fruit to eat. If the fruit is taken and eaten without prior permission, it is necessary to pay for it. According to Imām Aḥmad if there is no fence around the garden it is permitted to take the fruit from there. (Tuhfat Al-Aḥwadhī v. 2. p.261.)
