The Owner Said: Whoever Takes Fruit from the Orchard May Have It

Question

Zayd owns a fruit tree. When the fruit comes, Zayd picks the fruit that has ripened, and about the fruit that is still unripe he says, “Whoever wishes may use it” — that is, he puts it out of his ownership. Is it permissible for any and every person to use such fruit? And can this fruit be made waqf?

Answer

The owner has made this unripe fruit permissible (mubah) for others, so other people too may take it; but he has not put it out of his ownership, nor made anyone its owner.

Source: Fatawa Mahmudiyya

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