Hadith 37270

Yahya said that he heard Malik say, "What is done in ourcommunity about someone who consumed an animal without the permissionof its owner, is that he must pay its price on the day he consumed it.He is not obliged to replace it with a similar animal nor does hecompensate the owner with any kind of animal. He must pay its price onthe day it was consumed, and giving the value is more equitable incompensation for animals and goods."Yahya said that he heardMalik say about someone who consumes some food without the permissionof its owner, "He returns to the owner a like weight of the same kindof food. Food is in the position of gold and silver. Gold and silverare returned with gold and silver. The animal is not in the positionof gold in that. What distinguishes between them is the sunna and thebehaviour which is in force.Yahya said that he heard Maliksay, "If a man is entrusted with some wealth and then trades with itfor himself and makes a profit, the profit is his because he isresponsible for the property until he returns it to its owner. "