Is liability established through causation (Sabab) as it is established through direct action (Mubasharah)?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
Liability is established through causation just as it is established through direct action. If one digs a well in a public road without benefit to Muslims or in another's property without permission, or places a stone or iron object therein, or pours water, or places melon rinds therein, and a person or animal perishes, the digger is liable because the destruction resulted from his wrongful act. Shurayh, Ali, Nu'man, Sha'bi, Hammad, Thawri, Shafi'i, and Ishaq supported this view.
Supporting text
If one person places a stone and another digs a well or sets a knife, and someone stumbles on the stone and falls into the well or onto the knife, liability rests solely on the stone placer, not the digger or knife setter, as the stone placer is analogous to the pusher, and when the digger and pusher combine, liability rests only on the pusher. This is the position of Shafi'i. If a stone is placed, and later a well is dug or a knife set nearby, and someone stumbles on the stone and falls onto them, liability might remain with the stone placer due to precedence. Alternatively, liability rests on the digger and knife setter because their actions are subsequent, analogous to someone who loosens the tie of a waterskin and another tips it, making the latter liable for the spilled water. If an owner places an object or digs a well on his own property, and someone enters without permission and perishes, the owner is not liable because he committed no aggression; the entrant perished by his own transgression. If an owner places a stone on his property and a foreigner digs a well or sets a knife without permission, and someone stumbles on the stone and falls onto the knife or into the well, liability rests on the digger and knife setter due to their transgression, provided the stone placer is not implicated due to lack of aggression.