خلاصة:
Rule of Tasbib is among the effective jurisprudent rules in guarantee. Based on this rule, if someone causes someone else to suffer damages, he shall be guarantor in case damages are attributed to him. This rule is documented with narrations and consensus, the first of which plays a major role in demonstrating the rule. Rule of Tasbib is closely linked to that of Itlaf. According to rule of Itlaf, if someone directly or by procurator causes someone else to experience losses, he shall guarantee the loss. Besides, in the case of causer and procurator together, procurator shall guarantee the loss unless cause stands stronger than procurator; in this case, causer is liable for losses based on Tasbib rule. Different views have been raised whether Itlaf and Tasbib are two rules or two kinds of one rule; in either case, there are distinctions between the two; including: fault is not considered a requisite in guarantee of Itlaf but attribution is a requisite; in Tasbib, fault is a requisite in addition to being attributed. Hence, in lawsuits filed under Tasbib, the loser shall prove the loss plus fault. Also, in Itlaf, positive action always causes damages and inaction can never be an application of Itlaf while in Tasbib, not only positive action leads to losses on another person, but also inaction can result in losses.
ملخص الجهاز:
The Content of the Rule of Tasbib Based on the rule of Tasbib, if someone causes the destruction of another's property indirectly and through an intermediary, they are liable and responsible for compensating the damage, whether the causation was intentional or unintentional, and whether it resulted from performing an act, such as forcing someone else to steal, or from an omission of duty, such as a person in charge of an animal refraining from restraining it, causing the animal to destroy a farm.
Conclusion: Considering the apparent meaning of all the narrations, one can reach the conclusion that these examples are to demonstrate a general rule that can be formulated as follows: Any act that originates from a rational and free person and customarily causes the destruction of property or the life of a Muslim, such a person is liable.
However, regarding the case of Tasbib, in the event of no negligence, the attribution of damage to the cause-maker (musabbib) is not established; thus, in Tasbib, a person who causes the destruction of property and other damages is liable only if they have been negligent in their act, meaning they have not taken the necessary precautions and have disregarded the consequences of their action, which were generally predictable, or have committed an act that resulted in damage despite being aware of them.
Likewise, in proving liability, whether in Atlaf or Tasbib, establishing the attribution and reference of the damage to the act of the destroyer or the cause-maker is necessary.
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