as Allah the Exalted says: “We have been taught the language of birds.” [Quran 27:16] Thus, a bahīmah (a dumb animal) includes every domesticated animal: camels, sheep, donkeys, horses, gazelles, and the like.
His statement, “to crops,” implies that this ruling does not apply to anything other than crops. Thus, the fruit of date palms, figs, oranges, and the like do not fall under this ruling. Likewise, foodstuffs, whether grains or otherwise, do not fall under this ruling, because the author confined it to crops.
His statement, “at night”: night begins with sunset and ends with sunrise.
His statement, “its owner is liable”: the evidence for this is that the Prophet, peace and blessings be upon him, ruled that livestock owners are responsible for keeping their animals under control at night, while crop owners are responsible for guarding their crops during the day (1). This is clear, because it is customary for livestock owners to secure their animals at night, either by tethering them, enclosing them in pens, or otherwise, since they do not graze at night. Farm owners, meanwhile, guard their crops during the day and sleep at night; they are responsible for them during the daytime. Thus, this hadith is entirely in accordance with wisdom.
His statement, “Whatever damage a grazing animal causes to crops”: if it were to damage some fruit by roaming during the day or at night among low date palms and eating