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Text and translation
English translation
2332. It was narrated from Ibn Shihāb that Ibn Muhayyisah Al-Ansārī told him that a she-camel belonging to Barā' used to wander free. It entered a garden belonging to some people and caused some damage. The Messenger of Allāh ﷺ was told of that, and he ruled that property was to be protected by its owners during the day, but the owners of livestock were responsible for any damage caused by their animals during the night. (Da'if)
Another chain from Harām bin Muhayyisah, from Barā' bin 'Azīb, that a she-camel belonging to the family of Barā' damaged
something, and the Messenger of Allâh ﷺ issued a similar ruling.
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Commentary
The night is for rest, and during the night the animals are kept in enclosures. Therefore, if an animal enters into the field or garden of someone during night, it will be the negligence and fault of the owner of the animal. So he will be responsible to pay for the damage. Contrary to the night, if any damage is done during the day, it will be the fault of the owner of the garden or of the farmer; and the owner of the animal will not be responsible.
