A man rode a horse and could not control it, so it struck a child who died; what is his responsibility?
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The questioner : If a man was riding a horse, and the animal broke loose from him and he was unable to control it, and it struck a small child who died.
The Shaykh : This is like the first case, as long as he is riding on it, he is not liable, based on his saying (peace and blessings be upon him), what is the hadith?Sahih al-Bukhari 1499 What is the other hadith? Sahih al-Bukhari 1499 There are things before it. In any case, what is known among the scholars is that a horse or animal, if it is being ridden, has a ruling different from if it is loose and running wild. In the first case, it is not liable, and it is considered a force majeure (jabar), whereas in the other case, when its owner lets it loose, he is liable. Yes, that is correct.
The Shaykh : This is like the first case, as long as he is riding on it, he is not liable, based on his saying (peace and blessings be upon him), what is the hadith?
by falling in a well, or because of working in mines
البئر جبار والمعدن جبار ...or by falling in a well, or because of working in mines; but Khumus is compulsory on Rikaz.
البئر جبار والمعدن جبار ... وفي الركاز الخمس
Source
www.al-albany.com
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