Whose testimony prevails regarding whether the well was covered or uncovered?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the owner claims the well was uncovered, and the heir of the deceased claims it was covered, the statement of the heir of the one who fell prevails because the apparent situation supports his claim (it is unlikely someone would fall into an uncovered well).
Supporting text
Alternatively, the statement of the property owner may prevail because the presumption is the absence of liability, meaning liability should not be established based on doubt, and the default status is that the well was not covered.