Ra'y (grazing): the freedom of pasture, the Haram's grass, the herdsman's liability and wage, and taking the milk of another's flock

الرعي

Ra'y (grazing) is free by default, as the Prophet ﷺ said that the Muslims share three things: pasture, water and fire; he abolished the grazing preserves of the pre-Islamic period. 1 2 The majority hold that a village may not exclude others from its pasture; the Malikis allow an inhabited town its own reserve. 2 The jurists differ on grazing in the Haram: the Malikis, Shafi'is and Abu Yusuf allow it, while Abu Hanifa and Muhammad forbid it. 2 A ruler may take no fee for grazing in a protected preserve, because only God and His Messenger may protect land. 2 3 A hired herdsman is trusted and is liable only for negligence or misconduct. 3 Most jurists forbid taking the milk of another's flock without leave, while the Hanbalis allow it after asking. 3 4

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Era
The Prophetic Era
Region
Global / Diaspora
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Worship and the pillarsTrade and finance

Summary

Ra'y (grazing) is free by default, as the Prophet said that the Muslims share three things: pasture, water and fire; he abolished the grazing preserves of the pre-Islamic period. 1 2 The majority hold that a village may not exclude others from its pasture; the Malikis allow an inhabited town its own reserve. 2 The jurists differ on grazing in the Haram: the Malikis, Shafi'is and Abu Yusuf allow it, while Abu Hanifa and Muhammad forbid it. 2 A ruler may take no fee for grazing in a protected preserve, because only God and His Messenger may protect land. 2 3 A hired herdsman is trusted and is liable only for negligence or misconduct. 3 Most jurists forbid taking the milk of another's flock without leave, while the Hanbalis allow it after asking. 3 4

People and things also explored

Herbage and pasture (kala')· Sufficiency (kifaya)· Nisab (wealth threshold)· Tayyib (purity and lawfulness)· Zakat (alms tax)· Al-Madina Souq, Aleppo· Bazaar of Tabriz· Khan el-Khalili

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8792
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8793
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8794
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8795
Cite this page

islam.museum contributors. “Ra'y (grazing): the freedom of pasture, the Haram's grass, the herdsman's liability and wage, and taking the milk of another's flock”. islam.museum, https://islam.museum/en/concept/ruai-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Herbage and pasture (kala')

Kala' means herbage, dry or green; in law it is grass that grows without human work. The jurists agree that grass growing on open land such as valleys, mountains and unowned ground is shared, and no one may forbid another to take it or to graze his animals there, on the hadith that Muslims share three things: water, fire and herbage. Grass on owned land belongs to its owner, who may bar entry, though no one may be stopped from taking grass he cannot find elsewhere; the Malikis allow grazing on unplanted ground and do not allow grass in unplanted land to be stopped unless a field nearby is at risk. The imam may reserve unowned land for the herds of the poor-tax and the sadaqa and for the weak, according to the Hanafis, Malikis, Hanbalis and the sounder Shafi'i view, and most jurists allow grazing in the sanctuary of Mecca.