must be taken into account. Accordingly, we add a fourth condition for eating: that he call out three times. If he receives an answer, he should ask permission; if he receives no answer, he may eat.

There is also some question over stipulating that there be no enclosing wall, because the wording of the hadith is: “Whoever enters an enclosed orchard…” An enclosed orchard is one surrounded by something. Accordingly, there is no difference between trees that have no enclosure and trees that are enclosed.

What becomes clear from the sunnah is that the condition is that he eat without carrying anything away; that he not throw stones at the trees, but rather take from them with his hand, or eat what has fallen onto the ground; and that he call out to the owner three times. If he answers, he should ask permission; if he does not answer, he may eat.

This is what the hadith indicates, and it is the view held by Imam Ahmad, may Allah have mercy on him.

The majority, however, hold that this is not permissible. They interpret the hadiths as applying to the beginning of Islam, or the beginning of the Hijrah, when people were poor and in need. As for when there is no need, they say it is not permissible. The correct view, however, is that it is general in application.

If you ask: Does this view have any basis in reason, in addition to its basis in textual evidence?

The answer is yes: it is something in which people customarily show leniency.

The apparent meaning of the author’s words is that there is no difference between a traveller and a resident; even regarding enclosed orchards within towns, there is no objection