[A man eating from the fruit of his companion’s orchard(2)]

Answer: If the custom among the people of that land is that they do not condone others—young or old—eating each other’s fruit, but that when someone does eat from another’s fruit they do not demand payment nor take it, and they have no custom of asking for compensation nor demanding it, and they are satisfied that the taker simply desist; and the taker only ate to satisfy his hunger; and he strongly presumes that they would pardon him if informed—then in such a case repentance and desisting suffice; he does not need to inform them and seek their pardon.
There is another case in which one need not seek absolution from the orchard owner: when it is the local custom that whoever takes a trifling amount of his companion’s fruit does not seek pardon nor is pardon sought of him—because the matter is minor by their standard, and they would not presume to demand pardon for it.
In sum, this issue is referred back to custom, and custom suffices therein.
He does not need to seek absolution from the orchard owner—indeed, he should not—lest he expose himself to people’s talk, as if to say: “Look at so-and-so, putting on airs of meticulousness and piety,” and so on—making himself a laughingstock.
Yes: The customary practice in our land is that if the orchard owner sees someone eating from his fruit, he contents himself with driving them away; he does not take what is in their hands nor demand that they return it, but leaves it to them.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2