What is the liability of the owner if the owner is legally restricted (e.g., due to foolishness, minority, or insanity) and is demanded to demolish the leaning wall?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 9 · Bab 1

Open in Qurani

Primary text

If the legally restricted owner is demanded to demolish the wall, no liability falls upon them because they lack the legal capacity to respond to such a demand. If their guardian or trustee is demanded and fails to demolish it, the liability for damage rests upon the owner, as the source of the liability is their property, similar to an agent in relation to the principal.