What constitutes secure possession (Hirz) for resting camels (Barikah)?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 2

Open in Qurani

Primary text

Resting camels are considered securely possessed if they have a keeper who is actively watching them, or if they are tethered (ma'qulah). If the keeper is present but not watching, or is asleep or distracted, they are not considered securely possessed, because the custom dictates that keepers tether their animals when resting, and the act of untethering would alert a sleeping or distracted person. If there is no keeper at all, the camels are not securely possessed, regardless of whether they are tethered or not.