Is the owner of livestock liable for property damage caused by their animals at night?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The owners of livestock are liable for crop damage caused by their animals during the night, but not for damage caused during the day, provided no one was directly supervising the animals. This is the opinion of Malik, Al-Shafi'i, and the majority of jurists in Hijaz. The basis for this ruling is the narration that the Prophet (peace be upon him) decreed that the owners of property are responsible for guarding their property during the day, and that damage caused by animals at night is the liability of the animals' owners.
Supporting text
Al-Layth stated that the owner is liable for both night and day damage, limited to the lesser of the animal's value or the extent of the damage, similar to the liability of a slave's guardian for the slave's injurious acts. Abu Hanifa held that there is no liability whatsoever, based on the Hadith, "The injury caused by an animal is nullified (Jabbār)" (meaning it is disregarded), and because the owner's hand was not physically upon the animal when the damage occurred.