Is the owner of livestock liable for damage caused by the animal to property other than crops?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The owner of livestock is not liable for damage caused by the animal to anything other than crops, whether the damage occurred by night or by day, provided the animal was not under the owner's direct supervision (yada). The primary evidence for this is the saying of the Prophet (peace be upon him): "The wound inflicted by an untamed animal is voided (jabar)" (Agreed upon), meaning it is without liability. This ruling is established because the nature of the animal causing damage to crops is different from other forms of damage.
Supporting text
It is narrated that Sharih ruled for liability in the case of a sheep that fell into a weaver's yarn at night, citing the verse, "when sheep browsed upon it [the field] by night" (Quran 21:78), arguing that 'nafsh' (browsing/trampling) only occurs at night. Al-Thawri also held that the owner is liable, even if the damage occurred by day, due to negligence in letting the animal roam freely.