or if the only difference between the two routes is about a cubit, a span that causes no inconvenience to the one who passes along it to reach his property, then the land-owner may not be barred from relocating the path; indeed, the right-of-way holder may be compelled to accept the change if he refuses. Ibn ʿAbd al-Ḥakam transmits this ruling from Mālik.

If, however, the land-owner wishes to plant his land, fence it off, and install a gate through which the holder of the passage may enter to his property, he may do so only with that person’s consent.

When a vineyard or garden is held in common between two partners and one of them wants to enclose it and asks his partner to share the work and expense, the partner is not compelled to do so if he declines.

If an animal breaks loose—by day or by night—and tramples a sleeping person, wounding him, breaking his bones, or killing him, the owner bears no liability; the injury is deemed an irrecoverable loss. The same rule applies to whatever livestock destroy, night or day, of movable wealth such as money, clothing, and goods, apart from crops, vineyards, and orchards. Should the animals damage these latter by night specifically and not by day, their owner must make full restitution, however great the loss, even if it exceeds the value of the animals themselves. This applies when the animal is unattended by a guide, rider, or drover; the ruling for attended animals will be given later, as will a fuller discussion of livestock damage to crops and vineyards, God willing.

Anyone who owns a vicious beast, camel, or cow, or a savage dog, and cannot keep the animals away from crops and vineyards or restrain the dog from harming others, and who—after being instructed—neither sells the beast, slaughters the cow, sells it, nor kills the dog, is liable for everything those animals damage, night or day.

There is no protective zone (ḥarīm) for a well beyond what would harm a neighbouring well by cutting off or diminishing its water, and no fixed measurement can be set for that, for soils differ in hardness and softness.