◈ Chapter: The Damage Caused by Animals and Others
Narration:رَوَى مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنْ حَرَامِ بْنِ مُحَبِّصِةَ ، عَنْ أَبِيهِ، أَنَّ نَاقَةَ الْبَرَاءِ بْنِ عَازِبٍ دَخَلَتْ حَائِطَ قَوْمٍ فَأَفْسَدَتْ فِيهِ، فَقَضَى رَسُولُ اللهِ عَلَى أَهْلِ الْأَرْضِ حِفْظَهَا بِالنَّهَارِ، وَعَلَى أَهْلِ الْمَوَاشِي حِفْظَهَا بِاللَّيْلِ أَخَرَجَهُ ابْنُ حِبَّانَ مِنْ حَدِيثِ مَعْمَرٍ، عَنِ الزُّهْرِيِّ وَفِي الْحَدِيثِ عَنْهُ اخْتِلَافُ فِي الْإِسْنَادِ
Translation:
Muʿammar narrated from al-Zuhrī, who narrated from Ḥarām ibn Muḥabbaṣah, who narrated from his father, that the she-camel of Barāʾ ibn ʿĀzib entered the orchard of a people and caused damage therein. The Messenger of Allah ﷺ ruled that it is upon the landowners to guard their land during the day, and upon the owners of the livestock to guard their animals during the night. This narration has been recorded by Ibn Ḥibbān through the narration of Muʿammar from al-Zuhrī, though there is some disagreement concerning the chain of transmission.
◈ On Compensation for Damages Caused by Animals’ Feet, etc.
Translation:Muʿammar narrated from al-Zuhrī, who narrated from Ḥarām ibn Ḥaiṣah, who narrated from his father, that the she-camel of Barāʾ ibn ʿĀzib entered a people’s orchard and damaged it. The Messenger of Allah ﷺ ruled that the people of the land must guard it during the day, and the owners of livestock must guard their animals during the night. This narration has been extracted by Ibn Ḥibbān through the narration of Muʿammar.
It is noted that there is disagreement concerning the chain of transmission in the narration reported from Muʿammar through al-Zuhrī.
✔ Authentication and Reference:
The Hadith is authentic.References:
- [Abū Dāwūd: 3570]
- [Ibn Mājah: 3332]
- [Bayhaqī: 8/341]
❀ Important Benefits:
➊ It is obligatory upon the landowners to guard their land and crops during the daytime, while it is obligatory upon the livestock owners to guard their animals during the night.➋ Despite each party guarding their property, if damage occurs, the responsible party will bear the liability.
➌ If an animal enters an orchard or field for the first time and causes some eating or destruction, neither the animal nor the owner should be penalized. Rather, the owner should be advised in a good manner to prevent the repetition of the mistake.
Note:
This material has been taken from the book "Ḍiyāʾ al-Islām fī Sharḥ al-Ilmām bi-Aḥādīth al-Aḥkām" authored by Sheikh Taqī al-Dīn Abī al-Fatḥ, and translated by Maulana Mahmood Ahmad Ghaznfar.
