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The question

What is the ruling on taking compensation for something damaged, and what is its classification among the divisions of the Shar’i (Islamic legal) ruling of تكليفي (Taklifi – obligating)?

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

Receiving compensation for damaged property is permissible for its owner, and he has the right to waive it. This falls under the category of "Khitab al-Wad" (enabling law/declaratory law) and not "Khitab al-Taklif" (obligatory law/prescriptive law). Therefore, legal capacity (taklif) is not a condition for it, just as causing damage is made a cause for guarantee. For this reason, zakat is obligatory on the wealth of a child and an insane person, and restitution is due for their actions, as well as the actions of a negligent person and an animal, subject to well-known conditions.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
91605
Imported
Translation status
Source text, unreviewed
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