Who bears responsibility when a rider is present with a guide and driver, or with one of them?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 3 · Bab 1

Open in Qurani

Primary text

There are two opinions regarding this situation. The first opinion states that responsibility falls upon all parties (guide, driver, and rider) collectively. The second opinion assigns responsibility to the rider, as the rider possesses a stronger claim and more decisive action ('aqwa yada wa tasarrufan').

Supporting text

A third possibility suggests that responsibility rests solely upon the guide, based on the understanding that the presence of the guide nullifies the legal standing of the rider's control.