It is related from Ḥarám bin Saʾd bin Muḥaiṣah that, 'The camel of Al Barái bin ʿÁzib entered a garden and spoiled it. Then the Apostle of God gave judgement that the protection of gardens is the duty of their owners in the daytime; but that which animals destroy by night their owners are responsible for.'—Málik, Abú Dáud, Ibn Májah.
It is related from Al Ḥasan from Samurah that, 'The Prophet said, "When any one of you comes to cattle, then if their owner be amongst them, let him ask his permission (to milk them). But if he be not present, then let him call out three times. Then if any one answer him, let him ask his permission; but if no one answer him, then let him milk and drink; but he must take nothing away."'—Abú Dáud.
It is related from Ibn ʿOmar that, 'The Prophet said, "Whoever enters a garden may eat thereof, but let him not take away anything in his garments."'—At Tirmidhí, Ibn Májah.
On the Right of Pre-emption
It is related from Jábir that he said, 'The Prophet gave orders for pre-emption in everything which was not divided. But when the boundaries are delimitated and roads laid out, there is no pre-emption.'—Al Bukhárí.
It is related from Jábir that, 'The Apostle of God gave orders for pre-emption in every matter of partnership which had not been divided: lands or gardens. In such cases it is not lawful for a man to sell until he inform his partner. Then, if the latter wish, he may take it, and if he wish, he may leave it. And if he sell and do not inform his partner, then the latter has a prior right to it.'—Muslim.
It is related from Abú Hurairah that, 'The Apostle of God said, "Let not a neighbour forbid his neighbour from fixing a beam of wood in his wall."'—Muslim, Al Bukhárí.
It is related from ʿAbduʾlláh bin Ḥubaish that, 'The Apostle of God said, "Whoever cuts down a lotus tree, God will put down his head into the fire."—Abú Dáud. And he said, 'This tradition is abbreviated (it should be), "Whoever wantonly and injuriously cuts down a lotus tree in the desert, under which the traveller and beasts seek shade, having no right to do so, God will put down his head in the fire."'
