What is the ruling on taking a small amount from plants in public gardens or streets, such as taking some basil to plant its seeds at home? Is this considered taking from public property, which is forbidden? And what is the ruling on taking soil from the street?
The general principle is the impermissibility of taking from another's property, whether it is private or public, except with the permission of its owner or whoever is authorized to grant permission. An exception to this is what custom has deemed permissible, because customary permission is like explicit permission. This is the view held by An-Nawawi, Ibn Qudamah, and Ibn Taymiyyah, who based their arguments on the actions of the Prophet (peace and blessings be upon him), the Companions, and the Successors. Accordingly, taking plants or soil from a garden or the street is not permissible, unless it is something that is customarily allowed to be taken and causes no harm.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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