kills him, or a heavy iron object, he is held liable for it by way of qisas (retaliatory punishment); because he only has the right to use that which would pluck out the sight-giving eye from which the harm originated, and not that which goes beyond it to anything else. If the onlooker is not repelled by throwing something minor at him, it is permissible to throw something larger, until it leads to his death. This applies whether the onlooker is on the path, on his own property, or otherwise.

1612 - Issue: He said: (And whatever livestock destroy of crops by night is guaranteed by their owners, and whatever they destroy thereof by day, they are not liable for it.)

This means if no one has possession (yad) over them. If their owner is with them, or someone else, then whoever has possession over them is responsible for what they have destroyed, whether it is a person or property. We will mention this in the issue that follows this one. If no one has possession over them, their owner is responsible for what they have destroyed of crops at night, but not during the day. This is the opinion of Malik, al-Shafi'i, and most of the jurists of the Hijaz. Al-Layth said: Their owner is liable for what they destroyed by night and day according to the lesser of two matters: their value or the amount they destroyed, similar to a slave when he commits a crime. Abu Hanifah said: There is no liability upon him in any case, due to the saying of the Prophet (peace and blessings of Allah be upon him): "The 'ajma' (livestock) and its wound is a waste (jubar)," meaning it is without penalty. And because they caused destruction while they were not in his possession, so liability did not become incumbent upon him, just as if it were during the day, or as if they had destroyed something other than crops. We have as evidence what Malik narrated from al-Zuhri, from Haram ibn Sa'd ibn Muhayyisah, that a she-camel belonging to al-Bara' entered the walled garden of a people and caused destruction, so the Messenger of Allah (peace and blessings of Allah be upon him) decreed that the owners of livestock are responsible for guarding them during the day, and whatever they destroy at night is guaranteed by them. Ibn 'Abd al-Barr said: Even if this is mursal, it is well-known; the trustworthy Imams narrated it, and the jurists of the Hijaz received it with acceptance. Furthermore, it is the custom of livestock owners to send them out during the day to graze and to guard them