Who is liable when a hired worker digs on another's land without permission?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a hired worker digs on another person's property without their permission and the worker is aware of this trespass, the liability for damages rests solely on the worker. This is because the worker is a transgressor by digging, and they are not entitled to perform such an action, whether for wages or not. The liability attaches to the worker, similar to a case where someone orders another to kill and the latter complies. The evidence supporting this structure of liability is based on the principle that the transgression originates with the worker in this specific context.