The Difference Between a Private and a Shared Shepherd Regarding Liability
Machine translationRead the Arabic original
Question:
And the issue of the Shaykh (may Allah have mercy on him) is the statement of the author (may Allah have mercy on him): “There is no liability on the one who loses [the animals] unless he transgresses.” Is the intended meaning here the one who loses [the animals] to a private shepherd, or the one who loses [the animals] to a shared shepherd?
Answer:
It is all the same. The private shepherd and the shared shepherd are the same. The private shepherd is the one you hire to graze your sheep, and he does not graze for anyone else. The shared shepherd is the one who grazes for all the people of the town; this is shared. It is all the same, whether it is private or shared: if he does not neglect his duty, he is not liable. Yes.
And the issue of the Shaykh (may Allah have mercy on him) is the statement of the author (may Allah have mercy on him): “There is no liability on the one who loses [the animals] unless he transgresses.” Is the intended meaning here the one who loses [the animals] to a private shepherd, or the one who loses [the animals] to a shared shepherd?
Answer:
It is all the same. The private shepherd and the shared shepherd are the same. The private shepherd is the one you hire to graze your sheep, and he does not graze for anyone else. The shared shepherd is the one who grazes for all the people of the town; this is shared. It is all the same, whether it is private or shared: if he does not neglect his duty, he is not liable. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 30 من 89|شرح العدة في شرح العمدة|الإجارة|باب الغصب|صالح الفوزان|الفقه|كبار العلماء — youtube.com (55:32)
The Arabic text is a machine transcription of the audio recording.
