Hadith 1030
اُردوEn
وعن البراء بن عازب رضي الله عنه قال : قضى رسول الله صلى الله عليه وآله وسلم أن حفظ الحوائط بالنهار على أهلها وأن حفظ الماشية بالليل على أهلها وأن على أهل الماشية ما أصابت ماشيتهم بالليل. رواه أحمد والأربعة إلا الترمذي وصححه ابن حبان وفي إسناده اختلاف.
Al-Bara bin 'Azib (RAA) narrated, ‘The Messenger of Allah (ﷺ) ordained that the guarding of a garden is the responsibility of its owners during the day and the guarding of animals is the responsibility of their owners at night. However, the owners of the animals are responsible for any damage caused by their animals during the night (i.e. pay compensation for what they damaged of other’s property).’ Related by Ahmad and the four Imams except At-Tirmidhi. Ibn Hibban graded it as Sahih.
Related hadith on this topic
Explanation & Benefits
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، البيوع، باب المواشي تفسد زرع قوم، حديث:3570، وابن ماجه، الأحكام، حديث:2332، والنسائي في الكبرٰي، حديث:5784، وأحمد:4 /295، 5 /436، وابن حبان، الزهري عنعن.»©
Explanation:
➊ The aforementioned narration has been declared weak in its chain of transmission by our esteemed researcher, whereas other scholars, based on supporting evidences, have considered it to be mursal sahih (authentically mursal), and some have graded it as hasan (good). Therefore, despite the narration being weak in its chain, it is still actionable and a valid proof. For details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 39/97, 99; al-Sahihah of al-Albani, no. 238).
➋ Imam Nawawi rahimahullah has said: The scholars are unanimous that there is no compensation for damage caused by animals during the daytime. However, if someone is riding the animal, or there is a person driving or herding it, then in this case, the majority of scholars hold that compensation is due to the extent of the damage. And if the damage occurs at night, then according to the statement of Imam Malik rahimahullah, compensation for the damage must be paid by the owner of the animals. Imam Shafi‘i rahimahullah and his companions say that compensation will be due if the owner of the livestock was negligent or deficient in their protection; otherwise, it is not due. (Nawawi)
➌ The distinction between compensation during the day and night is made because, generally, the owners of orchards themselves guard them during the day, and the owners of livestock guard their animals at night; during the day, less care is taken. Therefore, whoever acts contrary to this general and customary practice is considered to have deviated from the norms of protection.
➍ In Subul al-Salam, it is stated that the Malikis stipulate that if livestock are left to graze in their designated pastures and then cause damage, there is no compensation upon the owner. However, if they are left in cultivated land where there is no pasture, then in such a case, whether it is day or night, the owners are responsible for the damage.
«أخرجه أبوداود، البيوع، باب المواشي تفسد زرع قوم، حديث:3570، وابن ماجه، الأحكام، حديث:2332، والنسائي في الكبرٰي، حديث:5784، وأحمد:4 /295، 5 /436، وابن حبان، الزهري عنعن.»©
Explanation:
➊ The aforementioned narration has been declared weak in its chain of transmission by our esteemed researcher, whereas other scholars, based on supporting evidences, have considered it to be mursal sahih (authentically mursal), and some have graded it as hasan (good). Therefore, despite the narration being weak in its chain, it is still actionable and a valid proof. For details, see: (Al-Mawsu‘ah al-Hadithiyyah, Musnad al-Imam Ahmad: 39/97, 99; al-Sahihah of al-Albani, no. 238).
➋ Imam Nawawi rahimahullah has said: The scholars are unanimous that there is no compensation for damage caused by animals during the daytime. However, if someone is riding the animal, or there is a person driving or herding it, then in this case, the majority of scholars hold that compensation is due to the extent of the damage. And if the damage occurs at night, then according to the statement of Imam Malik rahimahullah, compensation for the damage must be paid by the owner of the animals. Imam Shafi‘i rahimahullah and his companions say that compensation will be due if the owner of the livestock was negligent or deficient in their protection; otherwise, it is not due. (Nawawi)
➌ The distinction between compensation during the day and night is made because, generally, the owners of orchards themselves guard them during the day, and the owners of livestock guard their animals at night; during the day, less care is taken. Therefore, whoever acts contrary to this general and customary practice is considered to have deviated from the norms of protection.
➍ In Subul al-Salam, it is stated that the Malikis stipulate that if livestock are left to graze in their designated pastures and then cause damage, there is no compensation upon the owner. However, if they are left in cultivated land where there is no pasture, then in such a case, whether it is day or night, the owners are responsible for the damage.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 1030
Maulana Ataullah Sajid
Benefits and Issues:
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas some other scholars, based on supporting evidences, have considered it mursal sahih (authentically mursal), and some have graded it hasan (good). Therefore, despite the narration being weak in its chain, it is still actionable and a valid proof.
For details, see: (Al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 39/97, 99, and al-Sahihah by al-Albani, no. 238)
Accordingly, during the day, work is generally carried out in orchards or fields, and the owner is present in his orchard or field; thus, if someone’s animal enters, he can easily prevent it. Therefore, he himself is responsible for the protection of his property.
➋ The night is for rest, and animals are also kept enclosed in pens; thus, if at night an animal enters someone’s field or orchard, it is due to the negligence and fault of the animal’s owner, so he should compensate for the loss. Conversely, if damage occurs during the day, it is the negligence of the orchard or field owner, and the animal’s owner is not responsible.
➊ The mentioned narration has been declared weak in its chain by our esteemed researcher, whereas some other scholars, based on supporting evidences, have considered it mursal sahih (authentically mursal), and some have graded it hasan (good). Therefore, despite the narration being weak in its chain, it is still actionable and a valid proof.
For details, see: (Al-Mawsu‘ah al-Hadithiyyah Musnad al-Imam Ahmad: 39/97, 99, and al-Sahihah by al-Albani, no. 238)
Accordingly, during the day, work is generally carried out in orchards or fields, and the owner is present in his orchard or field; thus, if someone’s animal enters, he can easily prevent it. Therefore, he himself is responsible for the protection of his property.
➋ The night is for rest, and animals are also kept enclosed in pens; thus, if at night an animal enters someone’s field or orchard, it is due to the negligence and fault of the animal’s owner, so he should compensate for the loss. Conversely, if damage occurs during the day, it is the negligence of the orchard or field owner, and the animal’s owner is not responsible.
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2332
