such as axes, cooking pots, buckets, and other shared implements."
Whoever passes by an orchard’s fruit—whether still on the trees or lying fallen beneath them—when the orchard has no surrounding wall and no watchman, may eat from it free of charge so long as he does not carry any of it away. This ruling is reported from Ibn ʿAbbās, Anas ibn Mālik, and others. He may not climb a tree, throw anything at it, or eat from fruit that has already been gathered, except in a case of necessity.
In sum, a passer-by may eat from an orchard’s produce only under the following conditions:
- The orchard is without a wall or a guard.
- The fruit is still on the trees or scattered on the ground, not yet collected into heaps.
- He can reach the fruit without climbing the trees.
- He does not take any of it away with him.
- According to the majority of scholars, he must be in need.
If any of these conditions is absent, it is not permissible for him to eat.
A Muslim is obliged to host a passing Muslim traveller in villages for one day and one night. In cities, however, this obligation does not apply, for restaurants and inns are available, unlike in rural areas and the desert.
The proof for the obligation of hospitality is the Prophet’s ﷺ saying: “Whoever believes in Allah and the Last Day should honour his guest with his jāʾizah (that which is his due).” They asked, “And what is his jāʾizah