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الفتح الربانی
Fath al-Rabbani
مسائل الغصبIssues of Usurpation
بَابُ مَا جَاءَ فِي جِنايَةِ البَهَائِمِChapter: What has been reported regarding the offense of animals
Hadith 6212
اُردوEn
عَنْ عُبَادَةَ بْنِ الصَّامِتِ رَضِيَ اللَّهُ عَنْهُ قَالَ إِنَّ مِنْ قَضَاءِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ إِنَّ الْمَعْدِنَ جُبَارٌ وَالْبِئْرَ جُبَارٌ وَالْعَجْمَاءَ وَجُرْحَهَا جُبَارٌ وَالْعَجْمَاءُ الْبَهِيمَةُ مِنَ الْأَنْعَامِ وَغَيْرِهَا وَالْجُبَارُ هُوَ الْهَدَرُ الَّذِي لَا يُغَرَّمُ
It is narrated from Sayyiduna ‘Ubada bin Samit (may Allah be pleased with him) that one of the judgments of the Messenger of Allah (peace and blessings be upon him) was that the ear is also without compensation, the well is also without compensation, and the wound caused by a beast is also without compensation. ‘Ajma’ refers to a quadruped, and ‘jubar’ refers to something that is wasted, for which no blood money is paid.
Brief Explanation
Benefits: … The meaning of this blessed hadith is that if a person is working in someone’s mine or well, and that mine or well collapses upon him and he dies, or if someone falls into another’s well and dies, then the owner will not be held liable. Similarly, if someone’s animal kills a person or causes him harm, the owner of the animal will not be held responsible. However, this meaning applies only as long as there is no fault on the part of the owner; if he is at fault, then liability will fall upon him. For example, if the owner deliberately lets the animal loose to attack, or if he digs a well in a public thoroughfare. And so on by analogy.
