What is the legal ruling regarding liability when one person falls into a well and a second person subsequently falls onto the first, causing the death of the first person?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The second person who falls onto the first is liable for homicide (daman). This liability is equivalent to throwing a stone that causes death. If the second person intentionally threw himself onto the first in a manner that typically causes death, retribution (qisas) is due. If the act was one that does not typically cause death, it is considered a شبه عمد (resembling intentional homicide). If the fall was purely accidental, the blood money (diya) is mitigated and falls upon the 'aqilah (paternal relatives) of the second person.
Supporting text
If the second person dies due to falling onto the first person, his blood is considered wasted (hadr), as his death resulted from his own action.