What is the ruling regarding liability when an inherent danger in the well, such as a lion, causes the deaths after a chain of pulling actions?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 5 · Bab 1

Open in Qurani

Primary text

If a lion in the well kills the individuals after a chain of pulls (First pulls Second, Second pulls Third, Third pulls Fourth), the Fourth has no liability. The Second person's diya is on the *aqilah* of the Third in one view, and equally on the *aqilah* of the First, Second, and Third in another view. The First person's blood money is nullified, and his *aqilah* owes the diya of the Second. The Third person's diya is on the Second in one view, and split equally between the First and Second in another view. This scenario is known as the matter of the pit (*Zubayr*).

Supporting text

The ruling attributed to Ali, peace be upon him, concerning the *Zubayr* case states: the first party owes a quarter diya because three died above him; the second owes a third diya because two died above him; the third owes half diya because one died above him; and the fourth owes the full diya. Furthermore, Ali stated the diya would be placed upon those present at the mouth of the pit. This ruling was confirmed by the Prophet, peace and blessings be upon him, according to the report of Hanash al-San'ani. Ahmad (Ibn Hanbal) adopted this ruling as a prescriptive decree that deviates from strict analogy, whereas the analogy leads to different conclusions.