Is the hirer liable if a worker dies or is injured while performing work on the hirer's property, such as digging a well or constructing a building?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The hirer is not liable if the worker suffers harm or death while digging a well or building upon the hirer's property. This view is held by 'Ata, Al-Zuhri, Qatadah, and the Ashab al-Ra'y (the Companions of the Opinion). This resembles the Madhhab of Al-Shafi'i, based on the Prophet's saying, 'The well is exempt [from liability or a source of indemnity].' Furthermore, the hirer did not directly cause the destruction; the worker performed an act of their own volition that led to the harm, resembling a voluntary act done without obligation.
Supporting text
However, if the worker hired was a slave whose master did not grant permission, or a minor whose guardian did not grant permission, then the hirer is liable for damages. This is because the hirer is a transgressor by using someone whose use requires authorization, thereby causing harm to the right of another party.