If someone pushes a person in front of a car and he is killed, who is liable?
Machine translationRead the Arabic original
The questioner : Someone pushed another person in front of the car, and it hit him. Is the liability on the driver or on the one who pushed him?
The Shaykh : We now have a direct cause.
The questioner : If the driver was able to control his car, he is liable.
The Shaykh : Yes, this is in the details. We say: if he pushed him in front of the car from close range such that the driver could not maneuver, then the liability is on the one who pushed him. This is because the liability for the direct cause is absent here; it is absent, he is not liable. For this reason, if a man threw himself in front of a car in a manner where the driver could not stop the car while he was walking at a normal pace, walking at a normal pace, then he is not liable. So here, when the liability from the direct cause becomes impossible, what happens?
The liability falls on the one who caused it. I want you to note that there is also a condition that is necessary: unless the direct action is based on the cause. If it is based on the cause, then it is on the one who caused it.
Unless it is based on the cause. If it is based on the cause, then it is on the one who caused it. For example, if two witnesses testified against a man for intentional murder, and he was killed.
By retaliation. Then afterwards they returned and said, "We intended for him to be killed, so we testified." Who is liable here? The witnesses. And that is because the direct action is based on the cause; had the witnesses not testified, he would not have been killed.
The Shaykh : We now have a direct cause.
The questioner : If the driver was able to control his car, he is liable.
The Shaykh : Yes, this is in the details. We say: if he pushed him in front of the car from close range such that the driver could not maneuver, then the liability is on the one who pushed him. This is because the liability for the direct cause is absent here; it is absent, he is not liable. For this reason, if a man threw himself in front of a car in a manner where the driver could not stop the car while he was walking at a normal pace, walking at a normal pace, then he is not liable. So here, when the liability from the direct cause becomes impossible, what happens?
The liability falls on the one who caused it. I want you to note that there is also a condition that is necessary: unless the direct action is based on the cause. If it is based on the cause, then it is on the one who caused it.
Unless it is based on the cause. If it is based on the cause, then it is on the one who caused it. For example, if two witnesses testified against a man for intentional murder, and he was killed.
By retaliation. Then afterwards they returned and said, "We intended for him to be killed, so we testified." Who is liable here? The witnesses. And that is because the direct action is based on the cause; had the witnesses not testified, he would not have been killed.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 3539 - 4600 دفع شخص أخر في وجه السيارة فمات فمن الذي يضمن وكذا لو رمى بنفسه أمام...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
