Is the swimming instructor liable for the death of a young child entrusted for swimming lessons?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The swimming instructor is liable for the death of a young child drowned while being taught to swim. This liability is borne by the *aqilah* (blood relatives responsible for compensation) of the instructor. The basis for this is that the guardian entrusted the child to the instructor specifically for the purpose of ensuring his safety during the instruction; therefore, the drowning is attributed to negligence in safeguarding the child.
Supporting text
According to the view of Al-Qadi, the standard ruling of the Madhhab dictates that the instructor is not liable. This is because the instructor performed an act customarily done for the child's benefit, and thus, the resulting loss is not guaranteed, similar to when a teacher administers customary discipline to a boy which results in injury.