⠀ ⠀ Question: Is it allowed to eat fruits from branches protruding over the fence?⠀
• If the fruit fell from the tree outside the hedge or the fence was completely absent, then eating these fruits are allowed in the presence of a public position indicating permission of the owners. In other cases, eating fallen fruits without the permission of the owner is prohibited.⠀
• If the fruits did not fall from the tree, then picking them up without permission from the owner in any position is not permissible, unless the person is starving to death.⠀
• If the fruits were eaten when it was forbidden, then they must be reimbursed to the owner by the equivalent. If the owner has died, then his heirs have the right to demand compensation for him.
[¹] See: Tuhfat al-Muhtaj, v. 9, p. 338
[²] See: Fatawa al-Ramli, vol. 2, p. 173
Fatwa Department of Dagestani Muftiyat (@fatavadag)
#fatwa #fruits #tree #berries #vegetables #question #answer #department #garden #muftiyat_rd #charity #permission #fence #enclosure #boundary #hedge