Is a boatman or carrier liable for goods damaged while the owner is present with the cargo?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The boatman or carrier is not liable for damage to the cargo if the owner of the goods is present either on the ship with the cargo or riding upon the load carried by the beast of burden. This is because the possession (yad) of the owner has not been relinquished. The opinion of Malik and Al-Shafi'i aligns with this view.
Supporting text
If the owner of the goods and the camel driver are both riding upon the load, the camel driver is not liable for its destruction because the owner did not fully surrender custody to him.