and his two companions, and Ishaq. Malik and al-Shafi'i said: Upon each one of them is half the value of what was destroyed of the other, because the destruction occurred due to their combined actions, so the liability is divided between them, just as if a person wounded himself, and another wounded him, and he died from both. Our view is that each one of them died from the collision of his companion; he merely brought it to the place of the injury, so the other became liable for it, as if it had been stationary, unlike the case of a wound. Once this is established, if the values of the two animals are equal, they offset each other and are cancelled out. If one of them is greater than the other, the owner of that one is entitled to the excess. If one of the two animals died, the other is liable for its value; and if it decreased in value, he is liable for the decrease.
Section: If one of them was traveling in front of the other, and the second overtook him and collided with him, and both animals died, or one of them, the liability is upon the one who caught up, because he is the collider and the other is the collided-with; he is in the position of one who is stationary.
1616 - Issue: He said: (And if one of them is traveling, and the other is stationary, then the traveling one is liable for the value of the stationary one's animal.)
Ahmad explicitly stated this because the traveler is the one who collided and caused the destruction, so the liability is upon him. If he himself or his animal dies, it is blood-money uncompensated (hadar), because he destroyed himself and his animal. If the stationary person veered and the collision coincided with his veering, then they are like two traveling persons because the destruction resulted from both their actions. If the stationary person was an aggressor by stopping, such as stopping in a narrow path, then the liability is upon him rather than the traveler, because the destruction occurred due to his aggression, just as if he placed a stone in the path or sat in a narrow path and a person tripped over him.
(1) In B and M: "taqassa" (they offset each other). (2) In the original: "akbar" (greater). (1) In the original: "waqif" (stationary). (2) In B: "al-mutlif" (the one who destroys).
