Harb, from Hanash, with a similar meaning. Abu al-Khattab said: Ahmad adopted this as a matter of tawqif (revelation-based instruction) contrary to analogy (qiyas), while analogy is what we have mentioned.
Section: Liability is incurred by cause (sabab), just as it is incurred by direct action (mubashara). Thus, if one digs a well in a road for no benefit to the Muslims, or in the property of another without his permission, or places a stone or an iron implement there, or pours water into it, or places a watermelon rind or the like therein, [and a person or animal perishes by it], he is liable for it; because it was destroyed by his transgression ('udwan), so he is liable for it, just as if he had committed an offense against it. It is narrated from Shurayh that he held a man liable who dug a well, and a man fell into it and died. This is also narrated from 'Ali, may Allah be pleased with him. This is the opinion of al-Nakha'i, al-Sha'bi, Hammad, al-Thawri, al-Shafi'i, and Ishaq. If a man places a stone and another digs a well or sets up a knife, and one stumbles over the stone and falls into the well or onto the knife and perishes, the liability is upon the placer of the stone, not the digger of the well or the placer of the knife; because the placer of the stone is like one who pushes him, and when the digger and the pusher come together, the liability is upon the pusher alone. This is the opinion of al-Shafi'i. If a man places a stone, and then another digs a well next to it, or sets up a knife, and one stumbles over the stone and falls upon both of them and perishes, it is possible that the ruling is the same as what we have mentioned. It is also possible that the digger and the placer of the knife are liable; because their action is subsequent to his action, so it is similar to a case where there is a skin containing liquid and it is standing upright, then a person unties its binding, and another tilts it, and what is inside flows out; the liability is upon the latter of the two. If a person places a stone or an iron implement on his own property, or digs a well in it, and a person enters without his permission and perishes by it, there is no liability upon the owner; because he did not transgress, and the intruder perished by his own transgression. If he places a stone on his property, and a foreigner sets up a knife in it, or digs a well without his permission, and a man stumbles over the stone and falls upon the knife or into the well, the liability is upon the digger and the placer of the knife due to their transgression, since the liability does not attach to the placer of the stone due to the absence of his transgression.
(15) Omitted from: the original (al-asl). (16) Omitted from: [B]. (17) In [M]: "and perishes in it". (18) In the original and [M]: "when (idha)".