العروة الوثقى الزيدية - موقع إسلامي يهدف لتعريف الزائر بفكر وتراث المسلمين الزيدية

The Question

Question: A man was carrying on his donkey a rifle in the side-bag (khurj) of the donkey. He was walking along with his donkey in company with a group on a road, and the rifle which was in the side-bag of the donkey went off without any direct handling of it by the man, and it killed one of the companions. What is required (of him)?

The Answer

The answer: If the owner of the rifle that was being carried knew of the danger of carrying the rifle on his donkey, then he is liable (for compensation). But if he did not know of its danger, then there is no liability.
We have only said that because the scholars of the madhhab have said something similar about a leaning wall: they hold its owner liable if he knew of its danger; otherwise there is no liability.
However, the danger of rifles that are loaded with bullets is, in general, known as danger among the generality of people. So if an injury occurs through its discharge, then its owner is liable, because its danger is known to young and old, male and female.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2