What is the liability when a blind man leading a sighted man causes both to fall into a well, and the blind man subsequently falls onto and kills the sighted man?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The blind man is liable for the blood money of the sighted man. This ruling is attributed to Caliph Umar, Ibn al-Zubayr, Shurayh, al-Nakha'i, al-Shafi'i, and Ishaq. The basis for this is that the blind man caused the chain of events leading to the death, despite the calamity involving both parties.
Supporting text
An alternative perspective suggests that the leader (the blind man) should not be liable because he was permitted to lead the blind man, similar to digging a well in one's own house with permission, where liability for subsequent harm is negated. Furthermore, leading someone is an encouraged, commanded act, similar to digging a well for public use, which incurs no liability for accidental harm.