Is the controller liable for damage caused by the animal's foot?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 3 · Bab 1

Open in Qurani

Primary text

There is no liability for damage caused by the animal's foot. This view is held by Abu Hanifa. The basis for this is the Prophet's saying: 'The man is exempt for harm caused by the foot (or leg).' Additionally, the controller cannot guard the animal's leg against causing injury, thus liability is waived, similar to when one has no control over the animal.

Supporting text

A second narration from Ahmad, along with the positions of Shurayh and Al-Shafi'i, mandates liability because it is an injury caused by a beast over which the person has control, making it analogous to damage caused by the controller's hand.