“Whoever is compelled to use another person’s property while the property itself remains intact, in order to ward off cold”—such as a blanket, a fire, and the like—
“or to draw water”—such as a bucket, a rope, and the like—
“or anything similar”—for example, if he needs a vessel in which to put water, to heat water, to place food, or the like.
Does this also include being compelled to ride in a car? For instance, if he is in a desolate wilderness and a car owner passes by him, and he is now compelled to ride: does this fall under the same ruling?
The answer is yes, because this is a necessity to benefit from the use of that car, for example, or of a camel or a donkey.
His statement, “he must provide it to him free of charge,” means without compensation. The difference between being compelled to benefit from property and being compelled to consume the property itself is that, in the former case, the property itself remains, whereas in the latter case it is lost. For the person in necessity will say to the owner: “Your property will remain yours, so do not prevent me from benefiting from it,” because Allah, Most High, says:
“So woe to those who pray, yet are heedless of their prayer; those who show off and withhold even simple assistance.” [Surah al-Ma'un]
Thus, withholding such ordinary assistance in this situation falls under this warning.
“Whoever passes by the fruit of an orchard, whether it is still on the tree or has fallen from it, and there is no wall around it and no guard present, may eat from it without charge, provided that he does not carry any away.”
His statement, “Whoever passes by the fruit of an orchard”: “whoever” is general and includes males and females, Muslims and dhimmis—everyone who passes by. However, the author stipulates:
“still on the tree”: such as when you pass by a date palm with its fruit still upon it.
His statement, “or has fallen from it”: such as when it has fallen into the basin surrounding the date palm.