What is the liability when an artisan damages carried goods?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the artisan is responsible for goods being transported, the owner is given a choice. The owner may hold the artisan liable for the goods' value at the location where they were handed over to the artisan, without payment for labor. Alternatively, the owner may hold the artisan liable for the goods' value at the location where the damage occurred, provided the owner pays the artisan the labor wage up to that point.
Supporting text
The justification for this ruling is that if the owner chooses to hold the artisan liable for the worked-upon item or for the item at the location of damage, this is permissible because the item became the owner's property in that state and location, thus establishing the right to claim its compensation there. If the owner chooses compensation before that point, it is because the labor wage is not due to the artisan until the delivery of the item, and what has not been delivered is not required.