Guarantee for one who strikes a camel on the road at night
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, if a man strikes a camel on the road at night.
The Shaykh:
Affirmative.
The questioner:
If a man’s servant drives a camel to a dry place at night.
The Shaykh:
Yes.
The questioner:
In this man, that the owner of the camel appears.
The Shaykh:
He does not guarantee it, he does not guarantee the one who struck it, because his hand is not on the camel, and the road is not like a farm, the road is not like a farm, the roads existed in the time of the Prophet (peace and blessings be upon him), and there were livestock in them, and the road was not like a farm, and he does not guarantee the stake, unless his hand was on it, if the owner of the camel had it with him and put it in the path, and someone struck it and it died, he is liable, because his hand is on the camel, but if it was not with the camel, he lets it graze and it is not with him, he does not guarantee what is destroyed by the striking.
If the Committee of Senior Scholars issued a decision that these livestock that are struck on the roads and destroyed are a target. The livestock are a target, but the owner does not guarantee the one that died, because his hand is not on it, and he is permitted to let it graze in the desert, yes. Yes.
Honorable Shaykh, if a man strikes a camel on the road at night.
The Shaykh:
Affirmative.
The questioner:
If a man’s servant drives a camel to a dry place at night.
The Shaykh:
Yes.
The questioner:
In this man, that the owner of the camel appears.
The Shaykh:
He does not guarantee it, he does not guarantee the one who struck it, because his hand is not on the camel, and the road is not like a farm, the road is not like a farm, the roads existed in the time of the Prophet (peace and blessings be upon him), and there were livestock in them, and the road was not like a farm, and he does not guarantee the stake, unless his hand was on it, if the owner of the camel had it with him and put it in the path, and someone struck it and it died, he is liable, because his hand is on the camel, but if it was not with the camel, he lets it graze and it is not with him, he does not guarantee what is destroyed by the striking.
If the Committee of Senior Scholars issued a decision that these livestock that are struck on the roads and destroyed are a target. The livestock are a target, but the owner does not guarantee the one that died, because his hand is not on it, and he is permitted to let it graze in the desert, yes. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب قتال أهل البغي — islamhouse.com (58:01)
The Arabic text is a machine transcription of the audio recording.