livestock alone, whereas fine, tall, square mesh apparently serves to keep out everyone.
The evidence for this is that the Messenger ﷺ permitted anyone who passed by an enclosed orchard to eat from it, provided that he did not take any away in the fold of his garment (1). Such a fold is made by gathering up the edge of one’s garment; that is, he must not carry anything away from it. Hence the author says:
“without carrying any away.”
Thus, there are three conditions for eating; but if we speak of taking from it, then there are four conditions.
If we are speaking about eating, these are its conditions. But if we are speaking about taking from it, we add a fourth condition: that he must not carry anything away. If he does carry something away, it is forbidden, because the basic ruling is that it is unlawful to consume another person’s property.
However, the hadith contains a condition which the author did not mention: the Messenger ﷺ instructed whoever entered an enclosed orchard to call out to its owner three times. If he answered, he should ask his permission; but if he did not answer, he may eat (2). This is an indispensable condition, because the hadith indicates it, and whatever the hadith indicates