right of passage (ḥaq al-mārra) in new perspective

the person, who, on his way, encounters a fruit-bearing tree belonging to others, can eat from its fruit as much as fulfilling his need, provided that his reaching to that tree has been accidental rather than on purpose; and that he should not take away any fruit with him and damage a tree or a fruit. in this respect, the owner’s consent is not considered a sine qua non. the reason for this ruling is a number of traditions that, although terminologically isolated (wāḥid) and presumptive, can be considered as “isolated traditions accompanied by convincing evidences” according to various evidences. this ruling is generalizable to the trees owned by government, as well.