Back to search

1. Is my cousin obligated to pay this compensation, or is the injury caused by an animal considered wasted, as the Prophet, peace and blessings be upon him, said: "The injury caused by an animal is without liability"? 2. Is the son or the father obligated to pay this compensation, knowing that the father passed away before the court ruled on the compensation, especially since the son had warned his father about the danger of the donkey? 3. Is it permissible for the guardian of this child to waive this compensation, or a part of it, or is this compensation a right of the child, and thus the guardian is not permitted to waive it?

1 min readAlso available in العربية

Referring the matter to the court necessitates a fatwa from the country's judges due to their familiarity with the case's circumstances. In this situation, the guarantee entails that the 'Aqila (male relatives on the father's side) are liable for the blood money (Diyya), if they exist, provided that the due amount is one-third of the Diyya or more. Otherwise, the owner of the animal is liable. The owner of the animal, the driver, the leader, and the rider are all liable for any damage caused by the animal. The owner of the animal is also liable for anything the animal damages with its mouth if it is known for such behavior. The Hadith, "The 'Ajma' (animal) is Jabar (unaccountable)," refers to a stray animal that is not accompanied by anyone. It is not permissible for the guardian of a minor to waive the blood money or settle for less than what is due, unless the perpetrator is indigent.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy