When is the owner of livestock liable for nighttime damage if the animals were not explicitly let loose at night?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The owner is liable for nighttime damage only if the negligence originated from them, such as intentionally letting the animals loose at night, or letting them loose during the day without guarding them overnight. If another person releases the animal without the owner's permission or opens its enclosure, the liability shifts to the person who released or opened the way.
Supporting text
Al-Qadi holds that this ruling applies specifically to areas containing fields and pastures. In densely populated settlements lacking open grazing land except between canals, paths, or field edges, the owner is liable for releasing animals without a keeper due to negligence, according to some Shafi'i scholars.