Is the owner of an animal liable for damage caused by that animal if it slips on its own dung/urine on a road?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The associates of our school of thought rule that the owner of the animal is liable for the resulting damage if the animal defecates or urinates on a road and an animal slips on it and dies. Liability is established when the owner is riding, leading, or driving the animal, because the destruction resulted from the animal under their control. This is analogous to damage caused by the animal's mouth or hand (forelimbs).
Supporting text
The established measure (Qiyas) of the madhab suggests that there should be no liability for damage caused in this manner because the owner has no direct control over the act, and avoidance is not possible. This is similar to damage caused by the animal's leg, or when the owner has no direct control over the animal at all. This situation is differentiated from damage caused by the animal's mouth or forelimbs, where control and restraint are possible.