Is one liable for damage caused by a liquid spilled from a container they opened?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
Liability is incumbent upon the one who opened the container (ziqq) from which a liquid spilled, regardless of whether the spilling occurred immediately, gradually over time, or after some amount fell out and caused tipping. Liability also applies if the tipping began subtly due to the initial opening and eventually led to the full collapse, or if the spilling was caused by wind or an earthquake, or if the contents, initially solid, melted due to sun exposure. This liability is established because the damage occurred as a consequence of the opener's action. The ruling is established because the opener's action was the cause of the destruction, and no intervening event occurred that could shift responsibility away from the opener, similar to immediate spilling or gradual leakage, or even when an injury festers after the initial act of wounding.
Supporting text
The view of Al-Qadi and scholars of Al-Shafi'i differs concerning spilling caused by wind or earthquake; they hold no liability in those two specific instances, only in other scenarios. They argue that the opener's action was not compelling (mulji') and the subsequent event (wind/earthquake) was the direct cause, thus disconnecting liability from the initial act, similar to when another person pushes the opened container.