its transgression. If a group participates in a transgression by which something is destroyed, the liability is upon them. If two people place a stone and one person places a stone, and a person stumbles over them and perishes, the blood money (diya) is upon their supportive kin (aqila) in thirds, according to the analogy of the school (Madhab). This is the opinion of Abu Yusuf, because the cause resulted from the three in thirds, so the liability became binding upon them even if their actions differed, just as if one person wounded him with two wounds, and two people wounded him with two wounds, and he died from them. Zufar said: The two individuals bear half, and the placer of the (single) stone bears half, because his action is equal to their actions. If a person digs a well and another sets up a knife in it, and a person falls into the well onto the knife and dies, Ibn Hamid said: The liability is upon the digger, because he is in the position of the pusher. This is the analogy of the issues that preceded it. Ahmad, may Allah have mercy on him, specified that the liability is upon both of them. Abu Bakr said: Because they are in the meaning of the restrainer and the killer; the digger is like the restrainer, and the placer of the knife is like the killer. It is derived from this that liability must be binding upon all who are involved in causing damage in the preceding issues.

Section: If one digs a well on his own property, or on the property of another with his permission, there is no liability upon him, because he is not transgressing by digging it. If he digs it on unowned land (mawat), he is not liable, because he is not transgressing by digging it. Likewise, if he places a stone, or sets up a snare, a net, or a sickle to hunt with. If he does anything of that in a narrow road, he is liable for what is destroyed by it, because he is transgressing. It is the same whether the Imam permitted him to do it or did not permit him, for it is not for the Imam to permit what is harmful to the Muslims. If the Imam were to do that, he would be liable for what is destroyed by it due to his transgression. If the road is wide, and he digs in a place...