Rather, whenever necessity is found, it permits [eating], whether the assumption of its presence exists or not. And whenever it ceases, eating is not permitted due to the existence of its assumption in any state.

Section: Our companions said: The one compelled during a journey of disobedience, such as a highway robber or a fugitive, does not have [the right] to eat (16) from carrion, due to the saying of Allah the Almighty: {But whoever is forced by necessity, neither desiring [it] nor transgressing [its limit], then indeed, there is no sin upon him}. Mujahid said: "Neither desiring [it] against the Muslims nor transgressing [its limit] against them." Sa'id ibn Jubayr said: "If he went out to commit highway robbery, there is no concession for him. But if he repents and abandons his disobedience, it becomes permissible for him to eat."

Section: Does the compelled person have the right to provision himself from the carrion? There are two narrations, the most correct of which is that he may do so. This is the opinion of Malik, because there is no harm in carrying it, nor in preparing it to repel his necessity and fulfill his need, provided he does not eat from it except at the time of his necessity. The second [narration] is that it is not permitted, because it is an expansion [of consumption] in what was not made permissible except for necessity. If he does carry it and meets another compelled person, it is not permissible for him to sell it to him, because he was only permitted of it what he needs to repel his necessity, and there is no necessity for the sale. Furthermore, he does not own it, and it is incumbent upon him to give it to the other without compensation if he himself is not currently compelled to what he has, because the necessity of the one he met is present, while the bearer fears necessity in the future state.

1740- Issue: He said: (Whoever passes by fruit, it is permissible for him to eat from it, but he must not carry [it away].)

This is possibly intended for the state of hunger and need, because he mentioned it immediately following the issue of the compelled person. Ahmad said: [If there is no wall around it, he may eat if he is hungry, and] (1) if he is not hungry, he should not eat. He said: "More than one of the companions of the Prophet (may Allah bless him and grant him peace) did this. However, if there is a wall around it, he must not eat, because it has become akin to a private sanctuary (harim)." In one place he said: "The concession is only for the traveler." Except that he did not consider the reality of necessity here, because necessity permits [taking] what is behind the wall. A narration from him was reported regarding the permission to eat from non-enclosed [orchards] absolutely, without considering hunger or otherwise. It was reported from Abu Zaynab al-Taymi,