Shu'ayb, from his father, from his grandfather, from the Prophet (may Allah bless him and grant him peace), that he was asked about fruit hanging [on trees], and he said: "Whoever attains any from it due to a need (10), without taking any away in his garment, there is nothing upon him. And whoever carries anything away from it, upon him is the fine of double its value and the punishment (11)." Al-Tirmidhi said: "This is a hasan (good) hadith." Abu Sa'id al-Khudri narrated from the Prophet (may Allah bless him and grant him peace) that he said: "If you come upon a garden wall, call out to the owner of the garden three times; if he answers you, [then seek permission], otherwise eat without causing damage (12)." Sa'id also narrated with his chain of narration from al-Hasan, from (13) Samurah, from the Prophet (may Allah bless him and grant him peace), the like thereof (14). This is because it is the position of those whom we have named among the Companions, with no one contradicting them, thus it constitutes a consensus (ijma'). If it is said: "But Sa'd refused to eat [from it]?" We say: Sa'd's abstention from eating it does not contradict them, because a person may leave what is permissible (mubah) out of independence from it, or out of piety, or repulsion, just as the Prophet (may Allah bless him and grant him peace) left eating the lizard (dabb). As for their hadiths, they are specific to cases other than what we have narrated of the hadith and the consensus. If it is fenced, it is not permissible to enter it, according to the statement of Ibn 'Abbas: "If it has a wall, it is a protected area (harim), so do not eat; but if it has no wall, there is no harm (15)." This is because its preservation with a wall indicates its owner's miserliness regarding it and lack of willingness to be lenient. Some of our companions said: If there is a watchman (17) over it, it is in the position of the fenced area, in that one may not enter it nor eat from it except in cases of necessity.