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The question

What is the meaning of the Hadith: "If you come across a camel herder, call out ‘O camel herder!’ three times. If he responds, then [it is as such], otherwise, milk and drink without causing spoilage. And if you come across a wall [of fruit], call out ‘O owner of the wall!’ three times. If he responds, then [it is as such], otherwise, eat without causing spoilage"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The Prophet, peace and blessings be upon him, permitted drinking camel's milk and eating from fruits hanging in orchards for someone who called out to their owners three times and received no answer, provided there was no spoilage. However, this contradicts what is narrated in the Two Sahihs: "No one should milk another's animal without his permission," which is the stance of the majority of scholars. Al-Ayni interpreted the prohibition as referring to what one's soul would not find agreeable, citing the Prophet's saying, peace and blessings be upon him: "The property of a Muslim person is not lawful except with his willing consent." Some scholars held that it is permissible even if the owner's disposition is unknown, supporting their view with narrations from Abu Dawud, Tirmidhi, and Ibn Majah, which indicate permissibility by calling out three times or taking from hanging dates for one in need, provided he does not make a pouch for them. Nevertheless, the majority of scholars and jurists of the cities do not permit this except with the owner's permission, unless in a state of necessity. The permissive hadiths were answered by stating that they are based on a known principle, or that the prohibiting hadith is more authentic, or that they are interpreted as referring to the owners' customary willingness, or to times of necessity, or that they were applicable when hospitality was obligatory and then the ruling was abrogated.

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Ftawy
Original fatwa ID
71647
Imported
Translation status
Source text, unreviewed
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