Who is liable if a solid substance melted due to external heat after being exposed by the opener's action?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If a solid substance inside the container melts because another person applied fire to it after the container was opened, the liability rests upon the one who caused the melting. This is because the act of melting is a more direct and specific cause, as the destruction immediately follows that act, analogous to one who scares an animal and another who opens its cage.
Supporting text
Some Shafi'i scholars suggest that neither party bears liability in this scenario, comparing it to two thieves where one digs a hole and the other removes the property. This opinion is deemed erroneous because applying the fire necessitated the melting and subsequent outflow, establishing liability just as if the opener had pushed the container over.