3570 - Mahmud ibn Khalid narrated to us, al-Firyaabi narrated to us, from al-Awzaa'i, from al-Zuhri, from Haraam ibn Muhayyisah al-Ansari.

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This is also found in the Musannaf of 'Abd al-Razzaaq (18437), and via another chain Ahmad (23697) and Ibn Hibbaan (6008) also narrated it.

Maalik narrated it in al-Muwatta' 2/747-748 — and via his chain al-Shaafi'i in al-Musnad 2/107, and in al-Sunan al-Ma'thoorah (526), and al-Tahhaawi in Sharh Ma'aani al-Athaar 3/203, and in Sharh Mushkil al-Athaar (6159), and al-Daaraqutni (3319), and al-Bayhaqi 8/279 and 341, and al-Baghawi (2169); al-Daaraqutni paired with Maalik the narration of Yunus ibn Yazeed al-Ayli — from al-Zuhri, from Haraam, as a mursal report.

Al-Shaafi'i also narrated it in al-Sunan al-Ma'thoorah (525), and Ibn Abi Shaybah 9/435-436, and Ahmad (23694), and Ibn al-Jaarood (796), and al-Tahhaawi in Sharh al-Mushkil (6160), and al-Bayhaqi 8/342, and Ibn 'Abd al-Barr in al-Tamheed 11/89 via Sufyaan ibn 'Uyaynah, from al-Zuhri, from Sa'eed ibn al-Musayyib and Haraam ibn Sa'd, as a mursal report. The mursal reports of Sa'eed are considered strong by the people of knowledge.

See also what follows it.

Al-Baghawi said in Sharh al-Sunnah 8/236-237: Some people of knowledge held the view that if livestock destroy property belonging to others during the day, there is no liability upon their owner, but if they destroy it during the night, their owner is liable for it — because the customary practice of people is that owners of orchards and gardens guard them during the day, while livestock owners send their animals out to pasture during the day and bring them back to the pen at night. Whoever deviates from this custom has departed from the norms of safeguarding to the point of negligence. This applies when the animal's owner is not with it. If he is with it, then he is liable for whatever it destroys, whether he is riding it, driving it, leading it, or it is standing still — and whether it destroys with its hand, its foot, or its mouth. This is the view held by Maalik and al-Shaafi'i.

The people of opinion (Ahl al-Ra'y) held that if the owner is not with the animal, there is no liability upon him, whether at night or during the day. They cited as evidence the Prophet's saying, peace and blessings be upon him: "The wound caused by a dumb animal is without liability" — and this is a general hadith that is specified by the hadith of al-Baraa'. If the owner is with the animal, they said: if he is driving it, he is liable for whatever it destroys in all cases; if he is leading it or riding it, he is liable for whatever it destroys with its mouth or its hand, but he is not liable for whatever it destroys with its foot.