Compensation when a minor put out a mare’s eye by throwing a clod

Question

Question: Zayd had a mare which he would ride to lead the Friday prayer. One day the mare went to Bakr’s door. Bakr was not present; his minor son was playing. He threw a clod of earth, which struck her eye, and the eye was put out. Zayd says, “Pay us compensation,” while Bakr says, “A small child threw it — why should I pay compensation? There was not even any sign from me, nor was I even present. How then can compensation be imposed on us?”

Answer

If the minor boy put out the mare’s eye by throwing a clod, then even so compensation (daman) will be due. The amount of the compensation is a quarter of the mare’s value: [ar]الصبي المحجور عليه مؤاخذ بأفعاله، فيضمن ما أتلفه من المال للحال[/ar] “A child under interdiction (mahjur)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.