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The question

What is the ruling on eating from trees planted on the sides of roads, as government property?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is permissible to eat from trees planted along roadsides because they are the property of the general Muslim populace, and leaving them without a fence or guard indicates permission and permissibility. The Prophet, peace be upon him, allowed anyone who passed by fruit in an orchard to eat from it without taking a bundle, meaning not to carry any of it in his garment. This applies to owned fruits, so what belongs to the public treasury is even more permissible.

A condition for eating from the fruit of another is not to carry any with oneself and to call out to the owner three times. If the owner responds, one should seek permission. If the owner does not respond, one may eat. Imam Ahmad also mentioned the permissibility of eating if one is hungry and the trees are not fenced. Several Companions of the Prophet, peace be upon him, did this.

If the trees are surrounded by a fence, it is not permissible to enter because the enclosure by a fence indicates the owner's possessiveness and unwillingness to allow access.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
23742
Imported
Translation status
Source text, unreviewed
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