Does hiring someone to guard the trees until they bear fruit fall under the ruling of musaqah, and if the birds eat the fruit, is he liable?

The questioner:
He says: Honorable Shaykh, may Allah grant you success. If I have a fruit-bearing tree and I appoint a worker to guard it until the fruit ripens, to guard it from birds and other animals, does this fall under the ruling of musaqah?

The Shaykh:
No, this is guarding; it is not musaqah. Musaqah is when one waters it. As for hiring him to guard it, this is guarding. Yes, it is not musaqah. Yes.

The questioner:
She says: And if the worker neglected the guarding until the birds ate the fruit, does the worker get his wage?

The Shaykh:
If he neglected and the fruit was destroyed or eaten as a result of his negligence, he is liable for the fruit. He is liable for the fruit. Yes.