Who is liable when pastured livestock causes damage to a crop?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the livestock is in the custody of a herder (ra'i) and damages a crop, the liability falls upon the herder, not the owner. This is because liability for crop damage during the daytime requires establishing possession over the animal, which belongs to the herder, similar to the case of a borrower.
Supporting text
If the damaged crop belongs to the owner of the livestock, the herder is still liable even if the damage occurred at night. This is because the liability derived from possession is stronger, evidenced by the fact that it establishes liability both during the night and the day.