The liability of the owner of a farm if an animal enters it and destroys it
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if an animal enters a farm that has a fence and destroys it, is its owner liable?
Answer:
If it happens during the day, he is not liable, because the owner is the one who was negligent. But if it happens at night, he is liable, whether the farm has a fence or not. At night, the owner of the animal is liable, because he is required to guard it at night and let it graze during the day, while the owners of the property are the ones who guard their property during the day.
The presenter:
May Allah grant you success.
He says: Honorable Shaykh, may Allah grant you success, if an animal enters a farm that has a fence and destroys it, is its owner liable?
Answer:
If it happens during the day, he is not liable, because the owner is the one who was negligent. But if it happens at night, he is liable, whether the farm has a fence or not. At night, the owner of the animal is liable, because he is required to guard it at night and let it graze during the day, while the owners of the property are the ones who guard their property during the day.
The presenter:
May Allah grant you success.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/93 شرح زاد المستقنع/ صالح الفوزان — youtube.com (53:31)
The Arabic text is a machine transcription of the audio recording.