Is the owner of a well liable for the death of a person or animal that falls into it?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

The owner of the land is not liable (no guarantee/compensation is due) if a person or animal falls into a well dug on his property and perishes, provided the entrant entered without permission. This is because no transgression originated from the well owner. Furthermore, if the entrant entered with permission, and the well was uncovered, and the entrant was sighted (able to see), there is no liability because the entrant caused their own demise, akin to handing someone a sword that they use to kill themselves.