Is the well owner liable if the entrant was blind, the well was in darkness, or the well was covered?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If the entrant was blind, or the well was in darkness preventing sight, or if the owner covered the well and the entrant was unaware of it before falling in, then the owner is liable for compensation. This view is held by Shuraih, al-Sha'bi, al-Nakha'i, Hammad, Malik, and it is one of the two positions among the companions of Al-Shafi'i.
Supporting text
The other view among the companions of Al-Shafi'i states that the owner is not liable because the demise resulted from the victim's own action. However, the prevailing opinion holds that liability exists because the death resulted from the owner's agency, similar to offering poisoned food that the victim consumes. This counters the argument that the victim caused their own death.