If a cage is opened for a bird and it settles after being opened, then another person comes and startles it, what is the liability?
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The questioner : Among the examples is if a cage is opened for a bird and it settles after being opened, then another person comes and startles it. The liability is on the one who startles it.
The Shaykh : We grant a free... Yes, I have a scholar alone, but I did not make a mistake, where is the second copy?
The questioner : What?
The Shaykh : The one who startles it, yes.
The questioner : The liability is on the one who did it himself.
The Shaykh : This is also clear: a person opened the bird's cage, but it did not fly; it settled. Then another person came and shook the cage or shouted at the bird, so it flew. So, on whom is the liability? On the one who startles it, only, because the one who only opened it did not affect the bird in any way. The bird remained and settled, and it did not move until this person startled it. If someone says, "If the cage had not been open, it would not have been able to get out," so the cause has an effect, it is said: But the bird did not fly because of the opening of the door, as evidenced by the fact that when the door was opened, it settled and did not go out. If the door had been the barrier preventing it from going out, it would have flown as soon as the door was opened.
The Shaykh : We grant a free... Yes, I have a scholar alone, but I did not make a mistake, where is the second copy?
The questioner : What?
The Shaykh : The one who startles it, yes.
The questioner : The liability is on the one who did it himself.
The Shaykh : This is also clear: a person opened the bird's cage, but it did not fly; it settled. Then another person came and shook the cage or shouted at the bird, so it flew. So, on whom is the liability? On the one who startles it, only, because the one who only opened it did not affect the bird in any way. The bird remained and settled, and it did not move until this person startled it. If someone says, "If the cage had not been open, it would not have been able to get out," so the cause has an effect, it is said: But the bird did not fly because of the opening of the door, as evidenced by the fact that when the door was opened, it settled and did not go out. If the door had been the barrier preventing it from going out, it would have flown as soon as the door was opened.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 524 - لو فتح قفصا عن طائر فاستقر بعد فتحه فجاء آخر فنفره فماذا عليه؟ قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
