the offense was against a person or against property. Thus, if these three attacked someone’s sheep and injured it, they would be liable for compensation for the injury. And if they attacked the owner himself and broke his hand, they would likewise be liable for compensation for the injury. For a person’s right does not distinguish between one who is legally accountable and one who is not, since such rights are based on exacting claims. A right cannot be lost because of an act committed by one who is legally accountable or one who is not; compensation must therefore be made. However, if blood money is due, it is payable by his male agnatic relatives; but if it is less than one-third of the blood money, then it is payable by the perpetrator himself.

His statement, “and compensation for the property of one who did not hand it over to them,” applies even if they lack discernment. Thus, if an insane person transgresses against someone’s property and burns it, he is liable for it, because its owner did not place it at his disposal.

If someone were to ask: “Has not the Pen been lifted from three?”

We reply: Yes, the Pen has been lifted from three with respect to the right of Allah. Thus, this insane person does not incur sin, nor does this mentally incompetent person, nor does this minor; he incurs sin once he reaches adulthood. Yet liability remains binding upon them, because this is a person’s right. Thus, if a sleeping person turns over onto someone’s property and destroys it, he is liable for it, because liability for destruction is the same whether it is caused deliberately or mistakenly, by a minor or by an adult.

If they have no wealth, nothing is taken from their guardian; rather, the debt remains binding upon them until they grow up and find employment or engage in trade, whereupon it is taken from them.

The conclusion is that these three are under legal restriction with respect to their property and financial liabilities, and that whoever places his property at their disposal