What is the liability when a moving rider collides with a stationary rider?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If one rider is moving and the other is stationary, the moving rider is liable for the value of the stationary rider's animal, as stated by Ahmad. This is because the moving rider is the one actively causing the collision and damage. If the moving rider or his animal dies, it is considered waste (*hadr*), as he has destroyed himself and his own property.
Supporting text
If the stationary rider deviated and the collision resulted from that deviation, both are treated as moving riders, and liability is shared based on their mutual action. However, if the stationary rider was aggressing by stopping in a narrow path, liability rests solely on him, as the damage resulted from his prior act of aggression, similar to placing a stone in the road.