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Text and translation
English translation
1296. Samurah bin Jundab narrated that the Prophet ﷺ said: "When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission.
If no one answers then let him milk it and drink without carrying (any of it away).” (Da'if)
[He said:] There are narrations on this topic from [Ibn] ‘Umar and Abū Sa‘eed.
[Abū ‘Eisā said:] The Hadīth of Samurah is a Hasan Gharīb Ṣaḥīḥ Hadīth. This is acted upon according to some of the people of knowledge, and it is the view of Ahmad and Ishāq.
[Abū ‘Eisā said:] ‘Alī bin Al-Madīnī said: “It is correct that Al-Hasan heard this from Samurah.” Some of the people of Hadīth criticized the narrations of Al-Hasan from Samurah, they said that he only narrated from a writing of Samurah.
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Commentary
This kind of practice depends on the customary norms of the area. If according to the practice of the area it is allowed, then one can drink the milk of the animal in the absence of the owner, but in view of most of the scholars if the practice of the area does not allow that, then one can use the milk but he will pay for it. In the view of Imām Ahmad and Ishāq, there is no need to pay the price if three calls have been uttered aloud. (Tuhfat Al-Ahwadhi v. 2. p.264.)
