How is liability handled when the ship captains are owners, agents, or slaves?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If the captains own the ships and their cargo, they cancel liabilities and the owner of the greater value takes the surplus. If they are hired agents (*ujara*), they are liable, and there is no mutual cancellation because the party owed is not the party liable. If free persons perish in the ships and the captains intentionally caused the collision in a manner likely to cause death, the captains are subject to retaliation (*qisas*). If the collision was unintentional or not typically fatal, the *aqilah* of the captains owes the *diyah* for the free persons, and the value of the slaves is taken from the captains' estates.
Supporting text
If the captains are slaves and both perish, the liability is dropped. If only one perishes, the liability is attached to the survivor. If the ships contain deposits (*wada'i*) or partnership investments (*mudharabat*), they are not covered by liability unless negligence or aggression is present, as the custodian is not liable otherwise. If the ships carry cargo for hire, there is no liability as the loss is due to an uncontrollable event.