Spotted juicy fruit on a street tree and wondered if it’s free for the taking? In most cases it’s okay — unless the fruit clearly hangs from a private branch that reaches into the road.
Using someone else’s property in any way requires the owner’s permission. Islamic jurisprudence allows only a narrow exception: when a fruit tree stands along a public path (a wayfarer’s route), a passerby may pick and eat fruit from that tree at the place while passing by.
This post presents the legal opinion (fatwa) of Ayatollah Sistani on “using fruit of trees in streets and alleys.” His reply, given to an inquiry about fruit whose branches extend into passages or whose fruit hangs over the street, is summarised as follows:
If there is no explicit prohibition shown (no sign or other clear restriction), using and eating fruit from a tree located inside a street or alley is permissible.
However, when branches of a private tree extend into the public way — i.e., the fruit is on branches that have grown out from private property into the street — then out of caution (ihtiyat wajib) it is not allowed to use such fruit.
In short: fruit growing clearly on trees within the public thoroughfare can be eaten by a passerby when no explicit restriction exists; fruit coming from branches that reach out from private property into the public way should be avoided as a precaution.
Question | Short answer |
|---|---|
May a passerby eat fruit from a tree in the street/alley? | Yes, if no explicit prohibition is present — one may eat fruit from such a tree on the spot. |
What about fruit on branches extending from private property into the street? | Not permitted by precaution — avoid using those fruits. |
Main principle | Property use requires owner’s permission; narrow exception exists for fruit on a public path if no restriction is shown. |
Situation | Advice |
|---|---|
You see fruit on a tree growing in the middle of the street with no sign forbidding use | It is generally permissible to pick and eat a piece while you are there. |
Fruit hangs from branches that clearly grow from someone’s private garden into the street | Do not take it — treat it as private by precaution; ask the owner if possible. |
There is a visible sign or local rule forbidding picking | Respect the prohibition and do not take fruit. |
Uncertain whether the tree is public or private | Err on the side of caution: do not take the fruit or ask permission. |
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