A riding animal or sheep that damages crops

Shu'bah said: I asked al-Hakam and Hammad about sheep and goats that ruin a people's crop. Hammad said: Their owner will not be held liable. And al-Hakam said: He will be held liable.

And al-Hakam said: He will be held liable.

Tariq said that it is reported from al-Sha'bi that a goat entered upon a weaver and spoiled his spun thread, and al-Sha'bi did not hold the goat's owner liable because it was daytime.

It is reported from Sa'id and Haram that a she-camel of Sayyiduna al-Bara bin Azib (may Allah be pleased with him) entered the garden of some people and ruined it. Concerning this, the Messenger of Allah (peace and blessings be upon him) ruled thus: The owner must guard his property during the day, and the owner of livestock is liable when his livestock cause any damage at night.

Isma'il bin Abi Khalid said that it is reported from al-Sha'bi that a goat ate someone's dough during the day, and the other narrator said: it ate someone's spun yarn. Shurayh declared it void and recited this verse: "When the sheep of the people strayed into it" [Al-Anbiya: 78]. And in the narration of Isma'il he said: The straying of the sheep is only at night.

Amir said: A man came to Shurayh and said: This man's goat has cut my spun yarn. He asked him: During the day or at night? If it was daytime, the man is free of liability, and if it was at night, then he is certainly liable. And he recited this verse: "When the sheep of the people strayed into it." And he said: Indeed, when the straying of the sheep is at night, there is liability.

Murrah bin Sharahil said that Masruq, regarding the verse of the Noble Qur'an: "When the sheep of the people strayed into it," said: It was a vineyard. The sheep entered it at night and left no greenery in it.