Is the joint laborer liable for damage when the work is done in the lessee's place or when the customer is present?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the work is done in the laborer's shop and the hirer is present, or if the object being worked upon is present with the laborer, the laborer is not liable for accidental damage because the hirer's hand (yad) is upon the item. Liability only arises from the laborer's own misconduct (jinayah). The laborer is, however, due his wages for the completed work because each part completed is considered handed over to the hirer.
Supporting text
The apparent view of Al-Khiraqi suggests no distinction in liability whether the work occurs on the laborer's property or the lessee's property, or whether the owner is present or absent, or whether the goods are with the boatman or carrier or not.