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الفتح الربانی
Fath al-Rabbani
مسائل الغصب
Issues of Usurpation
بَابُ مَا جَاءَ فِي جِنايَةِ البَهَائِمِ
Chapter: What has been reported regarding the offense of animals
Al-Fath ar-Rabbani 6214 — What has been reported regarding the offense
اُردوEn
عَنْ حَرَامِ بْنِ مُحَيِّصَةَ عَنْ أَبِيهِ رَضِيَ اللَّهُ عَنْهُ أَنَّ نَاقَةً لِلْبَرَاءِ دَخَلَتْ حَائِطًا فَأَفْسَدَتْ فَقَضَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ عَلَى أَهْلِ الْأَمْوَالِ حِفْظُهَا بِالنَّهَارِ وَعَلَى أَهْلِ الْمَوَاشِي حِفْظُهَا بِاللَّيْلِ
Haram bin Muhayyisa narrates from his father that when the she-camel of Sayyiduna Bara’ (may Allah be pleased with him) entered a garden and caused damage, the Messenger of Allah (peace and blessings be upon him) decided that during the day, it is the responsibility of the owners of property (such as gardens, etc.) to protect their property, and during the night, it is the responsibility of the owners of the cattle to protect them.
Brief Explanation
Benefits: … During the day, livestock are let out to graze or are grazed, so it is possible that despite taking care, the animals may enter someone else’s field or garden. Therefore, the owner of the field or garden has been instructed that during the day, the protection of the garden is his own responsibility. However, at night, it was impossible for the owner of the garden to protect his field, so the owners of the livestock have been instructed to tie up their animals at night; otherwise, they themselves will be held responsible.
