The owner of the animal is liable if he was riding it, leading it, or driving it, because the destruction resulted from his animal, over which he had control, so it is like if it had caused harm with its hand or mouth. The analogy of the school of thought (Madhhab) is that he is not liable for what was destroyed by that, because he has no control over that, and it is impossible to guard against it, so he is not liable for what was destroyed by it, just as if it had destroyed (61) something with its leg, or as if he had no control over it. This differs from what it destroys with its hand or mouth, because he is able to guard those.

Section: If he places a jar on his roof or wall, or a stone, and the wind throws it onto a person, killing them, or it destroys something, he is not liable, because that happened without his act, and his placing of it was on his own property. It is possible that he would be liable if he placed it at the edge, because he was the cause (62) of its falling, [and he transgressed by placing it there] (63), so he is like someone who built his wall leaning.

Section: If he hands his young child over to a swimmer to teach him how to swim, and he drowns, the liability lies with the swimmer's 'aqila (tribal kin), because he handed him over to him to be careful in guarding him; so if he drowns, he is attributed with negligence in guarding him. The Qadi said: The analogy of the school of thought is that he is not liable for it, because he did what was customary for his benefit, so he is not liable for what was destroyed by it, just as if a teacher hit a child in the customary manner and he died from it. As for an adult, if he drowns, there is nothing upon the swimmer if he was not negligent, because the adult is in control of himself, and negligence in his death cannot be attributed to anyone else.

Section: If a person chases someone with a drawn (64) sword, and the person runs away from him and dies during his flight, he is liable, regardless of whether he fell from a high place, a roof collapsed under him, he fell into a well, a beast of prey encountered him and mauled him, he drowned in water, or he was burned by fire. This applies whether the person being chased was a child or an adult, blind or sighted, sane or insane. Al-Shafi'i said: He is not liable for an adult, sane, sighted person unless