Every
third day I run three-and-a-half miles mostly through a nice
nearby neighborhood instead of ours because it's more runner-friendly
with even sidewalks, gentle slopes, and less traffic. There's
been a shrub along that route's sidewalk, however, that's annoyed me due to its
below six feet overhang so that I have to duck for a few strides to
avoid painful scratches on my face or ears, or having my ball cap scraped off my head.
Frustrated, I once stopped mid-stride and broke off a few branches
to raise the overhang so that I and others might traverse
full height. I felt no guilt as the owner was negligent in
maintaining his plant and a blind pedestrian or bicyclist could get
poked or scratched or a stooped runner or a senior could get a back injury.
Only
last year did I discover it's not a shrub at all but a tangerine
tree, its fruit ugly brown-orange and uninviting, spread in scrawny
bunches across several patches.
This
year, however, starting from a couple months ago, the tree has been
flush with dozens of luscious full fruit, many within easy grasp of
passing walkers. I must admit I was more than once tempted as they
appeared so juicy and sweet, perfect for breakfast. But I refrained
from taking because there were no fallen fruit or leaves, suggesting the owner cared enough to tidy up and harvest.
I
thought if I saw the owner, I might ask for a few or maybe even
suggest a purchase or trade for star fruit, for our landlord's tree has been
similarly abundant with far more than he or we could ever want or
need. But after weeks of running the only possible resident I saw
was a young woman coming out of her new white Honda Accord parked
streetside before the property, whom I sensed would feel awkward and
probably say, “I don't know, you have to ask my dad,” or, “I
guess it's okay,” or worse, “We have grocery bags full, let me
get you one!”—as I didn't want to create a bother, especially if
she got in trouble with her dad for doing the “wrong” thing.
Then
about three weeks ago, I noticed several tangerines on the sidewalk,
a few with holes in them as though pecked on by birds. On
subsequent runs, it appeared that some of these had dried out and
shriveled and that the scattered accumulated fallen leaves and fruits had
grown. So on one of these runs, sensing that the fruit were now "fair game", I stopped at the spot, looked up into
the dense foliage, and removed from deep within two of the ugliest,
most mature, mottled, and dull brown fruit within easy reach, fruits
I assumed would be sweet but that the owner would be least likely to
miss.
When home, I
shared my story with Deanne and my rationale for
helping myself. That in college Business Law, I learned that “wind
falls” describe fruit fallen onto adjacent property that may be
legally kept by recipient neighbors. That county ordinances require
property owners to maintain their plants so as not to obstruct nearby
public walkways. That I hadn't trespassed to get the fruit. That no
cop would arrest or cite me over two silly fruits. That any judge
would throw out such a frivolous case. And that I intended to
confess to the owner the next time I saw him.
To
my bemused disappointment the fruit's flesh was sour and its
membranes were bitter, yet they were edible enough so I shared them
with my family in our oatmeal breakfast the following day.
Just
last week, I saw the owner beside a ladder for the first time pruning
the (still laden) overhanging branches. He was wearing earbuds and
seemed distracted as I approached, slowed to a walk, and with a goofy
smile and hand gesture said, “I hope you don't mind, they
looked so good I got tempted and took a couple.”
“That's
fine, help yourself,” he said with an open smile, engaging himself
the moment I addressed him. “They're a bit sour.”
“I'll
trade you. We've got a star fruit tree with tons more than we could
eat.”
“Like
ours. No thanks, we're good,” he said and went on pruning.
“Do
you mind if I take four?” I asked.
“Sure,
go ahead.”
“Sure
you don't want some star fruit?”
“We're
good.” I wasn't sure if he didn't like star fruit, or perhaps
didn't want to burden me or have to deal with me again.
“Any
difference which fruit I take which are sweeter?”
“I'd
avoid the more mature ones.”
From
the cut branches on the ground, I chose more
youthful, bright shiny tangerines, including two already broken open.
“Last chance, sure you don't want star fruit?”
“We're
good.” He smiled and nodded.
I
waved and ran home (dropping one and damaging near half of its wedges
in the process). This time the fruits were sweeter and juicer and
had pleasanter tart, bitter bites, although two were somewhat sour,
but still edible.
During
dinner, I explained to everyone the entire story that including
Internet research I conducted that seemed to suggest that such
fruit overhanging public space in Honolulu were gray areas,
ill-defined by law whether they may or may not be taken by passers
by, though credible authors suggested to always ask first. I sensed this intuitively and would
have recompensed the owner had he requested a reasonable sum such as
a dollar per fruit, though such stinginess in Hawaii is seldom seen.
Yet my main reason for approaching wasn't to appease my guilt (which I
didn't feel) or seek forgiveness (which I didn't feel was necessary),
but rather to establish friendly contact, have some fun, and put a
positive close to my (some would say) criminal, naughty, or selfish
act. As an aside, three days following my “theft”, I saw during a run a
pleased-looking pedestrian walking toward me and away from the tree munching on
something held hidden in his fist that I suspected was a tangerine. As I passed the spot on the way home, I noticed the clean picked
shell of a fresh fruit on the ground which suggested that I hadn't been the only one
to succumb to temptation. Had I been in Adam's feet, I have little reason to doubt that I'd have done the same thing, especially had the tree's debris been just as untidy.
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