What is the liability when cargo is thrown overboard from a sinking ship to lighten it?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If a vessel is at sea and cargo is intentionally thrown overboard by one of the occupants to prevent sinking, the thrower bears no recourse against anyone, whether they intended to claim compensation later or acted purely voluntarily. This is because the individual destroyed their own property by choice without establishing a guarantee.
Supporting text
If another occupant tells the thrower, "Throw your cargo," and the thrower complies, the liability remains with the thrower, as the instruction did not compel the action, nor did the requester guarantee compensation. However, if the requester says, "Throw it, and I guarantee its value," the requester is liable, as a guarantee for something not yet obligatory is valid, according to Abu Bakr. If the requester states, "Throw it, and I and the ship's crew are guarantors for it," Abu Bakr states that the initial speaker is liable alone unless the others volunteer. Al-Qadi holds that if the guarantee was intended as shared liability, the speaker is only liable for their share, as they only guaranteed their portion and informed about the liability of the rest, whose liability for the remainder was not accepted based on the speaker's declaration. If the guarantee was intended as joint and several (each person guaranteeing the entirety), the speaker is liable for the whole amount, regardless of whether others heard and remained silent, actively refused, or were unaware, because silence does not impose an obligation upon the others.