Ḥaqq al-mārah lets a passerby eat garden fruit in place under strict limits — not a free-for-all, and several leading scholars caution or forbid it in many cases.
Ḥaqq al-mārah denotes a limited right by which a passerby may eat fruit from a tree beside the path without asking permission, provided the passerby is not certain the owner objects and the action does not damage the tree.
Ḥaqq al-mārah appears in two senses. One sense covers using ownerless public space for ordinary uses (for example, the first person who parks a car in a public curb gains temporary right to that spot so long as they do not impede others). The second sense — the classical meaning — permits a passerby to eat fruit from a privately owned tree that stands by a route they are passing, under specified limits. That latter usage is usually called ḥaqq al-mārah — literally, the passerby’s right.
Condition | Explanation |
|---|---|
No certainty of owner’s refusal | One must not be certain the owner objects; if you know the owner would refuse, you must refrain. |
Unintentional passing | You must be passing by incidentally, not approaching the tree with the specific intent to eat. |
No harm to the tree | Do not damage branches, roots or otherwise injure the tree or spoil fruit. |
Eat in place; do not carry away | The fruit may be eaten on the spot only — taking fruit away is not permitted. |
No entry into the property | Do not enter the orchard or garden; only reach fruit that extends beyond the boundary (e.g., branches overhang the path). |
If the garden has walls and the passerby climbs them or opens gates, that becomes a trespass and is not permitted — except where a branch reaches over the wall, in which case eating that fruit is allowed.
Some jurists add an additional limitation: even if the tree is “on the way,” one should not pick fruit from the branches; eating fallen fruit is safer according to certain opinions.
Some jurists, such as Ayatollah Fażel Lankarani (as cited), reject the doctrine of ḥaqq al-mārah and do not permit it at all.
Issue | Range of juristic views |
|---|---|
Scope of produce covered | Some say ḥaqq al-mārah applies only to tree fruit; others extend it to agricultural products (e.g., grapes, saffron) subject to limits. |
Picking vs. eating fallen fruit | Some jurists forbid picking fruit (allow only eating what has fallen); others allow picking within the “eat on the spot” limit. |
Need for ruler’s permission | A minority view holds that if the owner’s consent is doubtful, one should seek permission from the legitimate authority (ḥākim). |
Question | |
|---|---|
If a garden lies on the route, can we eat fruit needed for one meal? | Ayatollah Makarem Shirazi: If the garden is enclosed, entering and eating without permission is forbidden. If it is not enclosed or branches hang over, a passerby may eat up to what is needed, provided they did not come intending to do so and they do not spoil the fruit; precaution requires abstaining if certain the owner would object. |
If someone collects fallen fruit and takes it away, is that allowed? | Ayatollah Makarem Shirazi: You may eat a small amount for immediate food but taking fruit away is not permitted. |
Does the rule apply to grape leaves or other non-fruit crops? | Ayatollah Makarem Shirazi: The doctrine applies to ripe fruit; leaves (e.g., grape leaves) do not fit the usual rule. |
If a public footpath crosses an enclosed orchard, can people use the fruit? | If the path has become a public route and the owner tolerates passage, use for eating in place may be allowed (this is called ḥaqq al-mārah or the passerby’s right). |
Positions of prominent marājiʿ | Ayatollah Khamenei: If the path is public and other conditions hold, one may use fruit without entering the enclosed orchard. Ayatollah Sistani: Only with the owner’s permission in the asked scenario. Ayatollah Shabiri Zanjani: Generally forbidden unless owner’s consent is known. Ayatollah Ṣāfi-Golpayegāni: Not permitted unless one sees that the owner has abandoned fallen fruit. Ayatollah Nūrī Hamadānī: If the tree stands in the passer’s way, one may eat on the spot within need limits. |
The juristic answers differ: some permit limited food consumption when branches overhang a public path or the garden is open; others forbid any taking without explicit permission. The practical rule, when following a marjaʿ, is to observe the conditions above and act according to your marjaʿ’ s specific guidance.
If a garden is fenced, entering and eating without the owner’s consent is forbidden.
If the garden is unfenced or branches extend outside the fence, eating in place to satisfy immediate need is generally permitted by many jurists, provided the other conditions (no intent, no damage, no taking away) are met.
If the path has become a public route and it is known the owner does not object to passersby taking fruit in moderation, it is acceptable.
When in doubt, consult your marjaʿ; some authorities require owner permission in borderline cases.
Tip | |
|---|---|
Do not enter the orchard | Never climb walls or open gates to reach fruit — entry counts as trespass. |
Eat on the spot, don’t carry fruit away | Ḥaqq al-mārah allows tasting for immediate need, not harvesting. |
Avoid if owner clearly objects | If you are sure the owner would refuse, do not take fruit. |
Don’t damage the tree | No breaking branches, no spoiling fruit — respect the crop. |
Follow your marjaʿ on ambiguous cases | Scholars differ; follow the ruling of your chosen religious authority. |
