Is it permissible to eat from the fruits of a desert land cultivated near people, while it is forbidden to take them home?

It is permissible for someone in need to eat from hanging fruits without taking any of it away, based on what Abu Dawud and Al-Tirmidhi narrated from Abdullah ibn Amr ibn al-Aas, that the Messenger of Allah, peace and blessings be upon him, was asked about hanging fruits. He said: "Whoever takes a bite with his mouth out of need, without stuffing his garment - meaning without taking any in his clothes - then there is no blame on him. But whoever takes anything out of it, then he owes double its value and is subject to punishment."

Scholars have differed on this issue, and the preponderant opinion is that of the Hanbali school. Ibn Qudamah says: "And whoever passes by a fruit, he may eat from it but not carry it away. This could mean in a state of hunger and need... Ahmad said: If there is no wall around it, he may eat if he is hungry, but if he is not hungry, he should not eat."

Al-Nawawi said in Al-Majmu': "Our madhhab is that it is not permissible to eat anything from it unless it is in a state of dire necessity that permits eating carrion. This is the view of Malik, Abu Hanifa, Dawud, and the majority. Ahmad said: If one passes by it and it has fresh fruit and there is no wall around it, it is permissible for him to eat from it without necessity and without being liable for compensation, according to the more accurate of his two narrations."