What is the liability when two pedestrians collide and both die?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The *aqilah* (blood-money liable relatives) of each pedestrian owes the *diyah* (blood-money) for the other. This ruling is narrated from Ali. Liability is not mutually cancelled as it is incumbent upon the *aqilah* and not the injured party directly. However, if the party responsible for the blood-money is also the inheritor, or if the collision itself makes the parties liable, then mutual cancellation applies.
Supporting text
Retaliation (*qisas*) is not required, whether the collision was intentional or accidental, because a simple collision does not typically cause death; thus, death resulting from an intentional collision is treated as accidental homicide. This applies equally whether both are sighted, both are blind, or one is sighted and one is blind. If two pregnant women collide and both miscarry, each is liable for half the *diyah* of the other's fetus and half the *diyah* of her own fetus, requiring the emancipation of three slaves for each. If only one miscarries, both share liability for that fetus and must emancipate two slaves each. If both miscarry without the women dying, each owes a *ghurrah* (a specific amount of indemnity) for half of each fetus, and must emancipate two slaves.