Liability when the container opening process involves two distinct subsequent actions leading to the spill.

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If one person melts the solid contents first, and then a second person opens the container's top, causing the substance to spill out completely, the liability falls upon the second person (the opener). This is because the act of spilling immediately followed their action.

Supporting text

If the person who opened the top slightly allowed some contents to exit gradually, and then a second person tilted the container causing a massive spill, the liability for the amount spilled after the tilting rests on the second person (the tilter), and the liability for the initial leakage rests on the first person (the opener). This is because the second action is more directly linked to the final, larger loss, similar to the relationship between the one who wounds and the one who slays.