What constitutes secure possession (Hirz) for moving camels (Sa'irah)?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
For moving camels, security is established by the presence of a driver who is actively watching them, whether the camels are equipped with hobbles (muqattarah) or not. If the camels are beyond the driver's sight, they are not securely possessed. If a leader (qa'id) is leading them, security is established by the leader frequently looking back and monitoring them, provided the leader is in a position to see them upon turning. This view is held by Al-Shafi'i.
Supporting text
Abu Hanifa holds that the leader only establishes security if the lead rope (zimam) is in his hand, because otherwise, the leader turns his back and rarely sees the animals, allowing them to be taken without his immediate awareness. The counter-argument is that the custom of guarding hobbled camels involves monitoring them by turning and holding the lead rope of the first camel, establishing security analogous to holding the lead rope directly.