Hadithcore
Sahih al-Bukhari, 1499
sahih

Narrated Abu Huraira:

Allah's Messenger (ﷺ) said, "There is no compensation for one killed or wounded by an animal or by falling in a well, or because of working in mines; but Khumus is compulsory on Rikaz."

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، أَخْبَرَنَا مَالِكٌ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، وَعَنْ أَبِي سَلَمَةَ بْنِ عَبْدِ الرَّحْمَنِ، عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏

‏ الْعَجْمَاءُ جُبَارٌ، وَالْبِئْرُ جُبَارٌ، وَالْمَعْدِنُ جُبَارٌ، وَفِي الرِّكَازِ الْخُمُسُ ‏

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References2 variants
In-Book Reference
Book 24, Hadith 99
USC-MSA web (English) reference
Vol. 2, Book 24, Hadith 575 (deprecated numbering scheme)
Sharh · explanationclick to expand
The legislation system in Islam governs all the interactions, dealing, and transactions that take place between people in order to protect their rights and avert disputes. From the matters that Islam has defined and regulated are retaliations and blood-money. It has defined the cases that requires compensation and the cases where retaliation and compensation are not required. The Prophet ﷺ explains in this hadeeth that a person is not liable to the damages and harm that his animal caused if it happened while the animal was not under his supervision or whoever is responsible for it at the time. With that said, indemnity is required only if the animal has caused damages to others property while it was at the time with its owner, rider, or any other person who is responsible for it, regardless of whether the damage was caused at night or day, or by whatever body parts. This is also applicable to the case when the animal gets out of control or escapes from its enclosure, without any sort of negligence from the end of the person responsible for managing it. The damages caused in those cases incur no liability whatsoever to the owner of this animal. If a person digs a well in his own land or an unclaimed land or a land that Muslims do not use as a road or path to walk on, then a person falls into it or it falls over the person who is hired to dig it, then he will not be deemed liable. However, if a person digs a well in the road or path that Muslims use as a road or path to walk on or in a land owned by other without their permission, then someone fell in it or died or was hurt because of it, then he will be held liable. Likewise, if a person is undergoing pit-open mining in his own land or in an unclaimed land to extract gold, silver, or any other metals, then the hired miners died because of mining accidents or it happens that a person fell in it, then he will not be deemed liable. The scholars stated that if a person conducts mining work in a common land that people use to walk on then a person falls in it and died, then his blood-relatives will be collectively liable for the blood money payments, and he will be liable to the compensation. And, if that which fell in it was not a human being, like a vehicle or an animal, then he will be liable to indemnify their owner for the damages caused. After, the Prophet ﷺ clarified that the zakat of treasures and riches that are buried, but then people find through excavation is one-fifth. This kind of treasures are known in Islam under the name Al-Rakaaz, which refers to the treasures and riches buried from the time Jahiliyyah (i.e., before Islam) as well as the riches excavated from the earth. The ruling is that the one fifth of the discovered treasures and riches is due upon its excavation, because the requirement of the elapse of one year whilst they are in possession is not applicable in this case. One of the benefits that we can learn from this hadeeth is knowing the justice of Islamic law, which does not hold people liable for damages not resulting from their own actions or caused by them, and that whoever is not responsible for the harm or damage caused is not held liable too. This hadeeth clarifies the due zakat on the buried treasures and riches that Muslims discover..
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