What is the liability when two ships collide on level water or when both captains are negligent?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If two ships are level, liability applies if both captains were negligent; each is liable for the other's ship, including its occupants and cargo, similar to colliding horsemen. If neither captain was negligent, there is no liability. The reasoning for no liability when not negligent is that the captains do not control the ships' movement entirely through their action, nor can they generally prevent such collisions, making it akin to lightning striking a ship, which differs from horsemen whose movement is generally controllable.
Supporting text
If only one captain was negligent, he alone bears the liability. If there is a dispute over negligence, the statement of the captain accompanied by an oath is accepted, as the default assumption is the absence of negligence, treating him as a trustee. Al-Shafi'i holds that even without negligence, both captains are liable because the ships are under their management.