وإن أتلفا شيئا لزمهما ضمانه
Translation: If either destroys property, liability for the loss follows.
Quduri does not make actual destruction of property (itlāf) uncompensated merely because the actor lacks contractual capacity. If someone else’s property is really destroyed, the owner’s claim for its value remains a separate matter.
A child breaking a neighbor’s item worth Rs 8,000 cannot escape the issue of compensation simply because the child’s admissions are not legally binding like those of an adult. Liability here is connected to the real loss, while the method of satisfying it is another question.
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Actual destruction still requires compensation
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
وإن أتلفا شيئا لزمهما ضمانه
Translation: If either destroys property, liability for the loss follows.
Quduri does not make actual destruction of property (itlāf) uncompensated merely because the actor lacks contractual capacity. If someone else’s property is really destroyed, the owner’s claim for its value remains a separate matter.
A child breaking a neighbor’s item worth Rs 8,000 cannot escape the issue of compensation simply because the child’s admissions are not legally binding like those of an adult. Liability here is connected to the real loss, while the method of satisfying it is another question.