When Livestock Destroy Fields

Question :

Does the Hadith in which the Messenger of Allâh ruled in the case between the owner of the camel and the farmer include all livestock - like goats and cows - so that the shepherd must watch over them while grazing, as well making sure that they don't damage cultivation, and protect them from beasts of prey? Or, is it specific for camels which graze freely during the day and must be watched at night?

Answer:

First, the Hadith that was mentioned regarding this problem is recorded by Ahmad in his Msunad, as well as Abu Dawud, An-Nisa'i, and Ibn Majah in their Sunans as well as others with similar wordings. The wording recorded by Abu Dawud, is from Haram bin Muhhaysah from Al-Bara' bin 'Azib, that he had a wild camel, which entered a field and damaged it.

He told the Messenger of Allah about it and the Messenger of Allâh ﷺ ruled that the owner of land is responsible to protect his land during the day and the owner of livestock is responsible to watch over his cattle during the night, and that the owner of the livestock is responsible for whatever his livestock damages during the night. Abu Dawud also recorded it with another ain from Haram bin Muhhaysah, from his father, that the chain camel of Al-Bara' entered a man's land and caused some damage, so Allah's Messenger ruled that the owner of property is responsible to protect it during the day, and the owner of cattle is responsible for watching over it during the night.

Second: This Hadith was mentioned by the Prophet ﷺ about a specific incident-that of Al-Bara bin 'Azib's camel damaged the farmland of someone else. But its ruling is general since he used the word "livestock" (Mashiyah), which includes sheep, goats, cows, camels, and so on. So the ruling is based on the generality of the expression, not the specificity of its cause.

Third: Many scholars have deemed this Hadith to be authentic and act accordingly - including Malik, Ash-Shafi'i, Ahmad, and others. They say that the owner of the animal must pay for what it damaged in the night, not for what it damaged during the day. Ash-Shafi'i said, "We accepted the implications of this Hadith, because of it being sound, because its chain is connected, and because all the narrators are known." They believe that this Hadith is specific, clarifying, if you will, another Hadith, which is more general, that is the Hadith, "Beasts are destructive."

Some of the scholars say the owner is always responsible, and some of them say he is not at all responsible. The preferred view is the first one, since it harmonizes between the general Hadtih and the specific one. Whoever wishes to learn more about this then he should refer to the sayings of the scholars and the evidences for their views. If a person is in this situation, he should take his case to the local judge who can judge according to the statements of the scholars, and whose ruling will be final, eliminating all differences in the process, at least for that case.

May Allah send peace and blessings upon Muhammad, his family, and his Companions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 8 Pages 275-276