Is the rider liable for damage caused by an animal using its own limbs (hand/foot)?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The rider is liable for any harm, injury, or property damage inflicted by the animal using its own limbs, whether the rider is mounted, leading, or driving it. This is the position held by Shurayh, Abu Hanifa, and Al-Shafi'i. The evidence for liability is the Prophet's saying: 'The man is liable for harm' (referring to the rider/controller). Furthermore, the controller can guard against such injury, unlike one who has no control over the animal.
Supporting text
Imam Malik holds that there is no liability, relying on the Hadith: 'The injury caused by a beast without human agency is exempt (jabr).' He reasons that since it is the injury of a beast, and there is no direct action from the person, there is no liability, similar to when the person has no physical control over it.