Ali Ibn Abi Talib - Volume 1 of 2

'Ali ibn Abi Tilib 525
the cause and are liahle because they did not take care to avoid
causing bodily harm when driving or leading.285
The second report says that they are not held accountable if it
is proven that they were not negligent, as it was narrated that 'Ali
(&) said: "If he shouted out to people to give way, and made people
hear him, then he is not It was also narrated that he said:
"If the road was wide, then he is not liable."287 The evidence is that if
the road was wide, and he shouted to alert passers-by, then he was
taking precautions and being careful. If the passers-by did not pay
attention to that, then it is their fault; if they were harmed, then they
brought it upon themselves, so there is no protection for them. There
is no contradiction between the two reports, because the first report
refers to a case in which it is proven that there was negligence, and
the second report refers to a case where there was no negligence.288
The burden of proof of negligence is on the passersby.
3.3.5. Whatever is established unlawfully
and causes damage
If a person digs a well or lays something down or builds
something in a place where he has no right to do that, and it causes
damage to someone, such as if that person falls into a well or
stumbles over what he lay down and dies, then he is liable, according
to 'Ali (&)289 who said: "If a person digs a well or lays down a
beam and someone gets hurt, then he is liable."290
3.3.6. Errors in testimony
If there is an error in testimony, then the witness is liable,
according to 'Ali (4). He said that if a person mistakenly gives
wrong testimony in a case involving a hadd punishment or
retaliation, and it leads to loss of life or limb, then he is liable and
must pay compensation.291 It was narrated from 'Ali (&), via a
number of chaius of narration, that two men testified that a man had