What is the extent of liability for game destroyed by an animal under human control?
Chapter on Ransom (Fidyah) and Penalty for Hunting
Al-Mughni
Book of Hajj
Primary text
Everything for which a human being incurs liability also incurs liability for game, whether through direct action or causation. If the game is destroyed by the animal's mouth or hand, the liability rests upon the rider, guide, or driver of the animal. If the destruction is caused by the animal's leg, there is no liability because it is impossible to guard against the animal's leg. The ruling is that liability for the game destroyed by an animal's leg is not incurred, analogous to the ruling that an animal's leg that causes harm without intention ('al-'ajma' jabbar') is exempt, which also applies if the animal destroys a human being in this manner.
Supporting text
The jurist Al-Qadi holds that the driver is liable for all harm caused by the animal, including that caused by its legs, because the driver has control and witnesses the animal's actions. Ibn 'Aqil asserts no liability for harm caused by the animal's leg, citing the Prophetic statement, 'The leg is an excuser' (or 'the leg is without responsibility' - al-rajlu jabbar).