«إذا أتى أحدكم على ماشية فإن كان فيها صاحبها فليستأذن فإن أذن له فليحتلب وليشرب, وإن لم يكن فيها فليصوت ثلاثا فإن أجابه أحد فليستأذنه فإن لم يجبه أحد فليحتلب وليشرب ولا يحمل» .
(حسن) … [د ت هق الضياء] عن سمرة. المشكاة 2953, الإرواء 2521)
Narrated Samurah bin Jundab:
That the Prophet ﷺ said:
“When one of you comes upon livestock, if its owner is with it then seek his permission. If he permits him then let him milk it and drink. If there is no one with it then call out three times, if someone answers then seek his permission. If no one answers then let him milk it and drink without carrying (any of it away).”
This hadith was narrated by Abu Dawud 2619, at-Tirmidhi 1296, al-Bayhaqi 9/359 and ad-Diya al-Maqdisi in al-Mukhtar from the words of Samura.
Sheikh al-Albani called the hadith good. See Sahih al-Jami ‘as-saghir 265, Mishkat al-Masabih 2953, Irvaul Galil 2521.
Grade: Da’if (Weak) according to Darussalam
This hadith is حسن according to Sheikh Albani. However, it contradicts a Sahih hadith. In this case, its ruling will be Da’if as per Usool al Hadith.
The Sahih hadith is the below one:
It was narrated from ‘Abdullah bin ‘Umar that the Messenger of Allah (ﷺ) stood up and said:“No one of you should milk from the livestock of another man without his permission. Would anyone of you like someone to break into his storeroom and take his food? The udders of their livestock store food for them, so none of you should milk the livestock of another man without his permission.”
Ibn Majah Hadith 2302
|: Sahih (Darussalam)