Ta'addi (transgression against persons, property, honour and the state, and the transfer of a cause)

Ta'addi is injustice and overstepping right. It has two senses: attack on another's right, and the transfer of a ruling to another place, as in the transfer of a cause. ¹

Whoever seizes, destroys without lawful leave, steals or embezzles another's property incurs sin, on the verse «do not consume your wealth among you in falsehood», and a worldly consequence: the penalty or discipline with liability, on the hadith «the hand is liable for what it took until it returns it». ² The usurper returns the thing if it remains; if it is lost, he gives its like or its value. ²

A deposit is a trust, liable only for negligence or wrong, such as riding a deposited animal, wearing a deposited garment, or denying it. ^{2 3} If the pledger destroys the pledge he owes its value, and his disposal of it needs the pledgee's assent or payment of the debt. The pledgee is liable for his wrong or negligence; the Hanafis hold him liable for the loss, the Shafiis and Hanbalis treat the pledge as a trust. ^{3 4} A loan of goods is liable for wrong or negligence by agreement; if lost without wrong, the Hanafis and Malikis hold no liability, while the Shafiis and Hanbalis hold it liable, on the hadith «the hand». ^{4 5} An agent is trusted and not liable for loss without negligence; so is the partner in a profit-sharing venture; if he breaches the terms he becomes a usurper. ⁵

Attacks on the body by killing or cutting bring retaliation, blood-money or liability; in error there is blood-money; killing by right carries no liability. ^{5 6} Attack on honour is forbidden and its defence is obligatory, on the hadith «whoever is killed defending his family is a martyr». ⁶ Rebels are liable for what they destroy outside battle, and not during it by the majority. In war the child, the woman, the old man, the monk, the disabled and the blind are not killed unless they fight or aid the enemy, and captives are not wronged. ⁶

A cause is the meaning for which the ruling was set to achieve a benefit. It is extended to branches (muta'addiya), like the cause of intoxication, or limited to its place (qasira), like the running in the first rounds of the circuits. Reasoning from an extended cause is sound by agreement; the qasira is disputed. ⁷ Whoever lights a fire on his own land and a spark burns his neighbour's house is not liable if the fire could not spread; otherwise he is liable for his wrong. ^{7 8}

Liability for property and killing, retaliation for wilful wrong, the penalty for theft, adultery and false accusation, discipline by right of the ruler, and loss of inheritance for killing the one he inherits from. ⁸

The next headword «ta'dil» (equalising or certifying) begins on p.5404. ⁸