Is a person liable for the death of another caused by fleeing an attack with a drawn sword?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The person who threatens another with a drawn sword and causes the threatened person to flee is liable for the death of the fleeing person, regardless of the manner of death. This liability covers falling from a height, the floor collapsing, falling into a well, being attacked by a wild beast, drowning, or burning in a fire. Liability applies whether the victim was a child or an adult, blind or sighted, or sane or insane. The basis for this liability is that the death occurred due to the aggressor's wrongful act. This is analogous to digging a well for the victim, setting a trap, or poisoning their food in their dwelling. The aggressor caused the fatality.
Supporting text
Al-Shafi'i holds that the aggressor is not liable for the death of an adult, sane, and sighted person, unless the floor collapses beneath the victim. For a child, an insane person, or a blind person, Al-Shafi'i states there are two differing opinions regarding liability, arguing that in the case of the competent adult, the death resulted from the victim's own action, thus absolving the pursuer, similar to a situation where no pursuit took place.