Some scholars have said that the same applies to places where people sit in the sun during winter days (1), that is, the places where they sit to keep warm. This is a clear and sound analogy.

Some scholars have said: except when they are sitting for backbiting or some prohibited act, in which case it is permissible to disperse them, even by urinating or defecating. (206) This view is questionable, because of the general wording of the hadith and because there is no benefit in doing so. When they learn that he has defecated or urinated where they sit, they will only become more evil, and they may even fight him.

The proper course is to go to them and advise them.

And beneath a tree bearing fruit.

His statement, “And beneath a tree bearing fruit,” means that it is prohibited to urinate or defecate beneath a fruit-bearing tree. By saying “beneath,” may Allah have mercy on him, the author indicates that one must be close to it, not far away.

His statement, “fruit”: the author, may Allah have mercy on him, mentions fruit without qualification, but it must be qualified by saying: fruit that is sought after, or fruit that is to be treated with respect.

Fruit that is sought after is that which people seek, even if it is not edible. It is therefore not permissible to urinate or defecate beneath such a tree, for its fruit may fall and become contaminated with impurity. Moreover, whoever comes to the tree in order to climb it must pass through this impurity and be soiled by it. Fruit that is to be treated with respect includes the fruit of date palms: even if they are in a place to which no one comes, one must not urinate or defecate beneath them so long as they bear fruit, because dates are food that must be treated with respect. The same applies to other trees whose fruit is to be treated with respect because it is food: it is not permissible to urinate or defecate beneath them.