Liability for Animal’s Causing Losses

“This is concerning my question before abu ‘ Abd Allah (a.s.), about the case of cows, sheep and camels in a pasture which destroy certain things; if anyone is held responsible for anything. He (the Imam) said, ‘If they destroy during the day there is no responsibility; the owners must protect them (their belongings); but if they destroy during the night then the owner of cattle is held responsibility.’”

“I once asked abu ‘Abd Allah (a.s.), about the words of Allah, most Majestic, most Glorious, ‘. . . and Dawud and Sulayman who judged about the plantation which was damaged by the sheep of the people.’ (21:78) Abu ‘Abd Allah (a.s.), has said, ‘Such damage can happen only during the night. It is the responsibility of the owner of plantation to protect it during the day. The owner of cattle is not required to protect them during the day. During the day it is grazing and feeding. What is damaged is not the responsibility of its owner. The owner of the cattle is responsible to guard them during the night against destroying the people’s plantation. Whatever they may destroy during the night is the responsibility of the owner of cattle and that is what is called al-Nafsh (grazing). Dawud issued judgment in favor of the one whose plantation was damaged against the owner of sheep. Sulayman issued his judgment to pay for the damage in the form of one year’s milk and wool of the sheep to the owner of the plantation.’”

“I once said abu ‘Abd Allah (a.s.), ‘What is the meaning of the words of Allah, most Majestic, most Glorious, “Dawud and Sulayman who issued judgment about the plantation.’” I asked, ‘Was it one issue about which they gave judgment?’ He (the Imam) said, ‘Allah, most Majestic, most Glorious, had sent revelation to the prophets before Dawud about such issue. To Dawud Allah revealed that whatever of sheep graze on a plantation, the owner of the plantation receives the necks of the sheep and such grazing must be that which takes place during the night; the owner of the plantation must protect it during the day; and the owner of the sheep must guard them during the night, therefore, Dawud judged as the prophets had judged before. To Sulayman Allah, most Majestic, most Glorious, sent revelation that required the owner of the plantation to ask only for what comes out of the belly of the sheep. This tradition continued after Sulayman and that is mentioned in the words of Allah, most High, “To everyone of them We give command and knowledge,” (22:79) thus, everyone of them judged according to the command of Allah, most Majestic, most Glorious.’”