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a Related Issues
I. What is the criterion for the amount of liability?
Al-Sayyid al-Yazdi has stated: The criterion for liability is the value [of the damaged property] on the day of compensation, not [its value] on the day of damage nor the higher price, according to a better interpretation of the evidence. What al-Sayyid al-Yazdi has mentioned is in accordance with an appropriate judicial Precept, however, what is understood from the Sahih of Abu Wallad, is that the criterion for the amount of liability is according to the value on the day of damage.
As stated by al-Sayyid Abu al-Qasim al-Khui: The Sahih of Abu Wallad is not deficient in its indication regarding the criterion that the value is [according to] the day of damage.
II. Is it a condition in the occurrence of the damage that it is direct, from the one who causes it, or may it be indirect? What is known with certainty of damage is that it is direct, such as eating and drinking of foodstuff belonging to another without their permission. In this case there is no doubt of the existence of liability.
However can we also include an indirect act of damage within the Precept, such as digging of a well in a path, which causes a riding animal to become wounded?
Research shows that the cause of damage, if it can be termed as damage, conventionally, can be attributed to the person causing it without the mediation of another sane person then liability would clearly become legitimate.
This conclusion is in addition to the Concurrence of the Jurists (al-Tasalum), as upheld by the author of al-Jawahir, Shaykh Muhammad Hasan al-Najafi when he negates the contrary in the issue.
Translation by the members of the Institute to be continued-Ed.
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