DDHK. ORG – Taking fruit from a neighbor's tree without prior permission even though it was permitted beforehand, is it permissible? Check out the answers in the rubric consultation the following.
Asalamualaikum wr wb. Sir, want to ask.
Neighbors have trees guava, but half the trees bear fruit in my yard. may I I take it and ask for 1 or 2 pieces of fruit, because I ordered those who have it first, just take the fruit if you want.
Peace be upon you and God's mercy and blessings be upon you
Salam
Fulanah
Jawab
WL…
A Muslim must really pay attention to the food & drink he consumes whether it is halal or haram. Because he was only ordered to consume food & drink that is lawful and good. Allah Subhanãhu wa Ta'ala says:
وَكُلُوا۟ مِمَّا رَزَقَكُمُ ٱللَّهُ حَلَهٰلࣰا طَیِّبࣰاۚ وَٱتَّقُوا۟ ٱللَّهَ ٱلَّذِیۤ أَنتُم بِهِۦ
"And eat of what Allah has given you as lawful and good sustenance, & fear Allah in whom you believe." {QS Al-Maidah: 88}
Rasulullah shallallãhu 'alaihi wasallam also warned against the consequences of consuming unclean food by saying:
كُلُّ لَحْمٍ نَبَتَ مِنْ سُحْتٍ فَالنَّارُ أَوْلَى بِهِ
"Any flesh that grows from non-halal, then hell is more important for him." (Reported by Ahmad, Tirmidhi, Ibn Hibban, & Thabrani)
Then what is the ruling on eating fruit from a neighbor's tree whose branches or branches extend & enter our yard, terrace or garden area?
Let's look at the following words of the Prophet sallallaahu 'alaihi wasallam:
لا يحل مال امرئ مسلم إلا بطيب نفس منه (رواه أحمد)
"It is not permissible for a Muslim's wealth to exist except with the willingness of wealth." (Reported by Ahmad)
Too,
كل المسلم على المسلم حرام دمه وماله وعرضه (رواه مسلم)
"Every Muslim is unclean over other Muslims his blood, wealth, and honor." (Muslim HR)
Therefore, it is not lawful for a Muslim to eat or use another Muslim's property except with his permission or because of an emergency, even if it is a bit like an arok stick (siwak).
The emergency in question is an exception to the permissibility of eating or using other people's belongings because he is traveling & really needs food & drink because supplies are running out.
This is in accordance with the words of the Prophet sallallaahu 'alaihi wasallam:
إذا أتى أحدكم حائطاً فأراد أن يأكل فليناد: يا صاحب الحائط ثلاثاً فإن أجابه وإلا فليأكل، وإذا مر أحدكم بإبل فأراد أن يشرب من ألبانها فليناد يا صاحب الإبل أو يا راعي الإبل فإن أجاب وإلا فليشرب… (رواه أحمد وابن ماجه)
"If one of you finds a garden & wants to eat (from it), then say: 'O owner of the garden!' three times, if he answers it. But if not, then eat from it. And if one of you passes a camel & wants to drink its milk, then say: 'O camel driver!' if he answers, but if not, then drink from him…” (Reported by Ahmad & Ibn Majah)
Of course it is not permissible to take more and then use it as a provision except with the permission of the owner.
From the various arguments above, it can be concluded that it is not permissible to eat a neighbor's fruit except with his permission. If the neighbor has given permission, then eat in moderation & may not take more.
If a neighbor's branch or branch is disturbing because it extends into our home area, then tell him carefully so he can cut some of it. Rasulullah shallallãhu 'alaihi wasallam said:
لا ضرر ولا ضرار (رواه مالك)
"No harm & no harm." (HR Malik)
Hope it is useful…
Peace, mercy and blessings of God
Answered by Ustadz Very Setiawan.
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