Chapter on the Liability of One Who Carried Something and Claimed Its Loss

Hadith.3920 - Hammad narrated from Al-Halabi, from Abu Abdillah (as), regarding a camel driver who carries oil and claims that it was lost, spilled, or taken by robbers. Imam (as) said: "If he brings trustworthy evidence that it was stolen, lost, or taken, then he is not liable. Otherwise, he is responsible for compensating it." And regarding a man who transported food for another man in his boat, but the quantity decreased, Imam (as) said: "He is liable." I said to him: "Sometimes the quantity increases." Imam (as) said: "Do you know that he added anything to it?" I said: "No." Imam (as) said: "Then it belongs to you."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3921 - Imam (as) said: "Regarding the washer (ghassal) and the goldsmith (sawwagh), if something is stolen from them and they do not provide clear evidence proving that it was stolen, whether it is little or much, then they are liable. However, if they establish proof with clear evidence, then they are not liable. But if they fail to present evidence and merely claim that the item was lost, they are responsible for compensating it unless they provide proof to support their claim."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3922 - Imam (as) said regarding a man who rents an animal to travel to a specified location, but the animal is lost: "If he exceeded the agreed conditions, he is liable. If he entered a valley and did not secure the animal properly, he is liable. And if it fell into a well, he is liable because he did not take proper precautions to safeguard it."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3923 - It is narrated about a camel driver who was hired to transport oil to a certain land. He claimed that some of the oil skins were torn, causing the oil to spill. Imam (as) said: "The owner may take the remaining oil if he wishes." Imam (as) also said: "The camel driver's claim that the skins were torn is not accepted unless supported by trustworthy and just evidence." And Imam (as) added: "Any man who rents an animal, and it is attacked by a wolf, which injures its eye and causes it to die, is liable for it unless he is a trustworthy and just person."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3924 - It is narrated from Ja'far bin Uthman, who said: My father sent some goods to Syria with a camel driver, and the camel driver claimed that one of the loads was lost. I mentioned this to Abu Abdillah (as). Imam (as) said: "Do you suspect him?" I said: "No." Imam (as) said: "Then do not hold him liable."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3925 - Ibn Muskan narrated from Abu Basir, from Abu Abdillah (as), who said: I asked him about a launderer to whom I gave a garment, and he claimed that it was stolen from among his belongings. Imam (as) said: "He must provide evidence that it was stolen from among his belongings, and if he does so, then he is not liable. Similarly, if it was stolen along with his belongings, he is not liable."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3926 - Uthman bin Ziyad narrated from Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as), who said: I said to Imam (as): "We had a camel driver who used to work for us. He loaded goods onto someone else's camel, and they were lost." Imam (as) said: "Hold him liable and take compensation from him."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3927 - Commander of the Faithful (as) used to hold the dyer, launderer, and goldsmith liable as a precaution to protect people's belongings. However, he did not hold them liable for damages caused by drowning, fire, or overwhelming events. And if a ship sinks along with its cargo, and people recover what washes up on the shore, it belongs to its owners, and they have the strongest claim to it. But whatever people dive for and the owner abandons, it belongs to those who recover it.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3929 - Imam Ali ibn Abi Talib (as) was presented with the case of a bathhouse attendant with whom clothes were deposited, but they were lost. Imam (as) did not hold him liable and said: "He is merely a trustee."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3930 - Indeed, Imam Ali ibn Abi Talib (as) held a Muslim man liable to pay the value of a pig that belonged to a Christian, which he had harmed.

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3931 - Ibn Muskan narrated from Abu Basir, from Abu Abdillah (as), regarding a man who hires a porter, and the porter either breaks what he is carrying or spills it. Imam (as) said: "If he is trustworthy, then he is not liable. But if he is not trustworthy, then he is liable."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3932 - Ibn Abi Nasr narrated from Dawood bin Sirhan, from Abu Abdillah (as): "If a man carries goods on his head and accidentally strikes someone, causing their death or breaking something, then he is liable."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.

Hadith.3933 - It is narrated from Muhammad bin Ali bin Mahbub, who said: A man wrote to the 'Jurist' (Imam Hasan ibn Ali Al-Askari (as)) asking about a case where a person gave a garment to a launderer to clean, and the launderer then handed it over to another launderer to clean, but the garment was lost. Should the first launderer be required to compensate for what he entrusted to another? Imam (as) wrote in reply: "He is liable for it unless the second launderer is trustworthy and reliable, God willing."

Translation: Bab Ul Qaim Publications — attributed by Thaqalayn·The Arabic above is the original.