there is no liability upon the camel driver for what is destroyed through his driving or leading, as one does not guarantee [the safety of] human beings by way of leasing; for it is a contract for a benefit. The more correct view is the obligation of liability, because the liability here is on account of a transgression, so it must encompass human beings and others, just like other transgressions. What he mentioned is invalidated by the transgression of the physician and the circumciser.

Section: As for the private hired worker (ajir khas), he is the one who is hired for a period of time; there is no liability upon him unless he transgresses. Ahmad said, in the narration of Muhanna, regarding a man who ordered his servant to measure seeds for a man, and the weight (ratl) fell from his hand and broke: "There is no liability upon him." It was said: "Is he not in the position of the fuller (qassar)?" He said: "No, the fuller is a common hired worker (mushtarak)." It was said: "What about a man who hired a man to draw water, and he broke the jar?" He said: "There is no liability upon him." [It was said to him: "If he hired a man to plow for him with a cow, and he broke that with which he plows." He said: "There is no liability upon him."] This is the school of Malik, Abu Hanifa, and his companions. The apparent position of the school of al-Shafi'i—and he has another opinion—is that all hired workers are liable. He narrated in his Musnad, from Ali, may Allah be pleased with him, that he used to hold hired workers liable, saying: "Nothing corrects the affairs of the people but this." Our view is that his labor is not guaranteed by him, so he is not liable for what is destroyed by it, just like the case of retaliation (qisas) or cutting the hand of the thief. The report of Ali is mursal (disconnected), and the correct version regarding it is that he used to hold the dyer and the goldsmith liable. Even if it is narrated absolutely, it is to be understood in light of this, for the absolute is interpreted in light of the restricted. Furthermore, the private hired worker is a deputy for the owner in directing his benefits to what he ordered him to do, so he is not liable without transgression, just like the agent (wakil) and the entrepreneur (mudarib). As for what is destroyed by his transgression, its liability is obligatory, such as the baker who is excessive with the fuel, or puts it in before its time, or leaves it after its time until it burns; because it was destroyed by his transgression, so he is liable for it, like anyone other than a hired worker.