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The question

What is the interpretation of the Hadith: "The injury of the 'Ajmā' is Jabbār, and the Ma'din is Jabbār, and the Bi'r is Jabbār, and in the Rikāz is the Khums"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The noble Hadith: "The Ajma' (animal) is Jabar, the well is Jabar, the mine is Jabar, and in Rikaz' (buried treasure) is one-fifth" means that:

- The Ajma' (animal): There is no liability on the owner of an animal if it damages something while running loose during the day, provided the owner was not negligent in securing it. The majority of scholars, however, hold that liability applies if the animal had a rider or driver.

- The mine and the well: There is no liability on the owner of a mine or a well if he dug it on his own property or in unowned land (Mawat), and someone died from falling into it.

- The Rikaz' (buried treasure): One-fifth of what is found from pre-Islamic buried treasures is to be given as zakat.

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Source platform
Ftawy
Original fatwa ID
97045
Imported
Translation status
Source text, unreviewed
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