Is a person liable for death or damage caused by an object placed on their roof or wall that is blown off by the wind?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

A person is not liable for the death of an individual or for property damage caused when an object, such as a jar or a stone, placed on their roof or wall is blown off by the wind, causing harm. This ruling is based on the fact that the damage was not a direct result of the owner's action, and the object was placed within the owner's domain of possession.

Supporting text

Liability might attach if the object was placed precariously close to the edge of the structure, as this action is considered a form of negligence equivalent to casting it down, resembling the case of one who builds a leaning wall.