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Yahya related to me from Malik from Ibn Shihab from Haram ibn Sad
ibn Muhayyisa that a female camel of al-Bara ibn Azib entered the
garden of a man and it did some damage to it. The Messenger of Allah,
may Allah bless him and grant him peace, gave a judgement that the
people of the garden were responsible for guarding it in the day, and
the owner of the animals was liable for what the animals destroyed at
night.
Muwatta Malik Book 36, Hadith 48
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Yahya said that he heard Malik speak about a man who died and
left properties in Aliya and Safila (outlying districts of Madina). He
said, "Unirrigated naturally watered land is not in the same category
as irrigated land unless the family are satisfied with that.
Unirrigated land is only in the same category as land with a spring
when it resembles it. When the properties are in one land, and are
close together, each individual property is evaluated and then divided
between the heirs. Dwellings and houses are in the same position."
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Malik related to me from Hisham ibn Urwa from his father from
Yahya ibn Abd ar-Rahman ibn Hatib that some slaves of Hatib stole a
she-camel belonging to a man from the Muzayna tribe and they
slaughtered it. The case was brought before Umar ibn al-Khattab, and
Umar ordered Kathir ibn as-Salt to cut off their hands. Then Umar said
to Habib, "I think you must be starving them," and he added, "By
Allah! I will make you pay such a fine that it will be heavy for you."
He enquired of the man from the Muzayna tribe, "What was the price of
your camel?" The Muzayni said, "By Allah, I refused to sell her for
400 dirhams.'' Umar said, ''Give him 800 dirhams."