Is taking mud from public gardens to plant flowers at home considered trespassing on state property?
Assaulting public property is forbidden, just as assaulting private property is forbidden, or even more so. Whoever disposes of Allah's property without right shall face the Fire on the Day of Judgment. It is not permissible to take anything from public property except with the permission of whoever holds the authority to grant permission. If something has value according to common understanding, then the permission of the state or the responsible authority is necessary. However, if it is an insignificant item that has no value and people usually overlook it, then there is no harm in taking it, as it is not considered property. This is inferred from the permissibility of performing Tayammum with the dust of another person or the dust of the mosque, where jurists considered custom and the distinction between much and little. Dr. Ahmad al-Hajji al-Kurdi was asked about taking agricultural soil from a municipal complex, and he replied that what was taken, or its equivalent in value, must be returned.
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- 19202
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