Is the death of two workers due to a ceiling collapse while repairing a building—after warnings from neighbors—considered accidental killing? And is kaffarah and diyya obligatory, on whom, and how much?
If the two workers are adults, the one who hired them to repair the building is not liable if the workers die, because there was no causation or deception on his part, especially since the neighbors advised them. So, whoever digs a well on his property is not liable for someone who falls into it. Similarly, if he hired someone to dig it, and it collapsed on him, and he died, there is no liability.
This applies to someone who orders a legally competent person to descend into a well or climb a tree and he perishes, or if a hired worker dies while digging a well or building a wall; because he did nothing that would be a cause.
Liability falls on the one who caused the harm. If no cause originated from the employer, then the worker has no right against him if the worker was an adult and of sound judgment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/20098
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 20098
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy