He—may Allah have mercy on him—was asked:

A boy was holding a horse when an ostrich emerged from a stable and rushed at the horses. While the boy was holding the horse, it kicked one of two people who were sitting nearby, and he died. What liability falls upon the boy, and what liability falls upon the horse’s owner?

He replied:

If the horse kicked him with its hind leg, neither the boy nor the horse’s owner is liable. Rather, the horse remains its owner’s property. This is the position of the majority of the leading scholars, including Mālik, Abū Hanīfah, Ahmad and others.

It is reported in the Sunan collections that the Prophet, may Allah bless him and grant him peace, said:

“No liability is incurred for injuries caused by an animal’s hind leg.”

Al-Shāfiʿī held that a person riding, leading or driving the horse is liable for injuries it causes with its hind leg, just as Ahmad and others agreed with him regarding injuries caused by its foreleg.

However, if the boy holding the horse was not negligent, the scholars unanimously agree that he is not liable. An example is when the horse becomes startled and he warns those nearby, saying, “Watch out!” If he gives this warning, whichever of the two the horse kicks is himself at fault, and no one else bears liability, by agreement of the leading scholars. Allah knows best.