Who is liable for damages caused by an unauthorized well dug by a slave?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a slave digs a well on another person's property without permission, or in a path causing harm, and the master subsequently emancipates the slave, the liability for any subsequent damage caused by that well falls upon the freed slave. This position is held by Al-Shafi'i. The principle is that the act causing the liability (the damage/loss) occurred after the emancipation, thus the responsibility rests with the individual at the time of the occurrence.
Supporting text
Abu Hanifa holds that the liability remains with the master because the injurious act (the digging) occurred while the individual was a slave, and the master was responsible for the slave's torts at that time. This liability does not cease upon emancipation, similar to a wound inflicted during slavery that festers and causes harm after freedom.