What is the liability when a descending ship collides with an ascending ship?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If one ship is descending and the other ascending, the descending ship is liable for the ascending ship or the diminution in its value if it is not entirely destroyed, unless the captain of the descending ship was overpowered by the wind and unable to maintain control. In cases where the descending captain was negligent—by failing to control or turn the ship away, or by lacking necessary equipment—he is liable because his ship descends upon the other, making him analogous to the moving party against a stationary one.
Supporting text
If both sink and the ascending captain was not negligent while the descending captain was not negligent, there is no liability. However, if the ascending captain could have maneuvered away and failed to do so while the descending captain was not negligent, the ascending captain is liable for his negligence. If neither was negligent and a storm or strong current caused the collision, there is no liability as it was beyond their control.