Cover Up

The jurists discussed:

‘الأكل من ثمار البساتين التي على الطريق’

The ruling on eating fruit from trees that hang over the wall (ثمار الأشجار المتدلية) or outside the wall perimeters (حائط) of a person’s private property or orchard (بستان)…. many jurists ruled that a passer-by has the right to eat from those fruit which hang outside in public, if they have a need for it.

It basically becomes ‘public property’.

It is obviously not permissible when it is inside a person’s private space.

A student of jurisprudence “فقه” – who had studied this topic, saw a woman outside who was showing cleavage, and told her to cover up, because: ‘the passer-by takes from the fruit that hangs outside the garden!’

Moral of the story: fruits should be kept inside & please don’t mis-apply Fiqh rulings with قياس فاسد!