When are skilled craftsmen not liable for damage during authorized cutting procedures?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Skilled craftsmen who perform tasks mandated of them are not liable for resulting damage provided two conditions are met: First, they must possess expertise and proficiency in their craft; otherwise, the cutting is an unlawful act for which they are liable for consequential damage, akin to initiating the cutting. Second, their actions must not exceed what is necessary (i.e., their hands do not transgress what ought to be cut). If both conditions are met, they are not liable because the cutting was authorized and permissible, similar to the cutting performed by the Imam for theft.
Supporting text
If the craftsman is skilled but transgresses, such as a circumciser cutting beyond the glans, cutting in the wrong location, a surgeon exceeding the margin of a tumor, using a blunt instrument causing excess pain, or operating at an inappropriate time, full liability is incurred. This is because the damage is an act of destruction whose guarantee is the same whether intentional or mistaken, akin to property destruction. This is the established doctrine of Al-Shafi'i and the People of Opinion, with no known disagreement.