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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the owner of a beast that strayed onto the road without his knowledge liable for the death of a person caused by it?

Machine translationRead the Arabic original
The questioner:
Is the owner of a beast liable if it causes accidents resulting in the death of some people, while he is unaware that it went onto the road of travelers?

The Shaykh:
If the owner had it in his possession and left it, he is liable. But if it was not in his possession, and it went off on its own and what happened happened, then he is not liable. However, he may be subjected to a discretionary punishment (ta'zir) for leaving the beasts and abandoning them. He may be subjected to a discretionary punishment (ta'zir) as the authority (wali al-amr) sees fit. As for liability, he is not liable unless he had it in his possession and his hand was over it. Yes.

The presenter:
Honorable Shaykh, the questioner says.

The Shaykh:
It is sufficient for his discretionary punishment (ta'zir) that the beast goes to waste and no value is given for it; it is destroyed upon him. It may be valuable and be destroyed upon him. This is sufficient for his discretionary punishment (ta'zir). Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، هل يضمن صاحب الدابة التي خرجت على الطريق بدون علمه فتوفى بسببها أحد الأشخاص؟ للشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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