—and found the two sides to be equal. That is the insight with which Allah distinguished him and for which He praised him.” End quote.

When an animal is under the control of a rider, a guide, or a driver, the handler is liable for any harm it causes with its fore-part—such as a bite or a blow from its forelegs—but not for damage inflicted with its hind-part, like a kick. This is based on the hadith, “The leg is jabbār (liability-free),” and in the narration of Abū Hurayrah, “The leg of an ʿajmāʾ is jabbār.” The word ʿajmāʾ denotes a dumb animal that cannot speak, and jabbār (with the jīm pronounced with a ḍammah) means that damage caused by animals is not actionable.

Shaykh al-Islām Ibn Taymiyyah (d. 728 AH) said: “Every ʿajmāʾ—cattle, sheep, and the like—incurs no liability for the damage it does on its own. If it breaks loose from the person holding it or strays, no compensation is due from anyone, so long as it is not vicious and its owner has not been negligent in guarding it at night or in the Muslims’ markets and gathering places. Several scholars have likewise stated that the ruling of jabbār applies only when the animal has escaped and is roaming freely with no one leading or driving it—except in the case of a predatory beast.” End quote.

If a human being or an animal attacks someone and the assault cannot be repelled except by killing the aggressor, then the defender bears no liability for doing so, for he killed in self-defence, and self-defence is permitted; therefore no compensation is due.