«قد يكون السبب بمعنى العلة إذا ثبت العلة بالسبب»
Sometimes sabab is used with the function of illah when the latter is established through the former.
The book considers a person driving an animal that tramples property. The animal lacks the kind of independent legal agency possessed by a human; in the relevant case, the driving is used to connect responsibility to the driver.
This is a specific juristic illustration of terminology, not a universal negligence rule for every animal incident.
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Effective Cause, Occasion, Condition, Impediment and Challenges to Qiyas
«قد يكون السبب بمعنى العلة إذا ثبت العلة بالسبب»
Sometimes sabab is used with the function of illah when the latter is established through the former.
The book considers a person driving an animal that tramples property. The animal lacks the kind of independent legal agency possessed by a human; in the relevant case, the driving is used to connect responsibility to the driver.
This is a specific juristic illustration of terminology, not a universal negligence rule for every animal incident.