An example of two persons jointly causing harm is when they collaborate in digging a hole in the road; both are liable for the blood money.
An example of a direct perpetrator and a person who caused the harm being involved together is where one person digs a hole and another stands over it. Then someone comes and pushes him into it, so that he falls and dies. Liability rests upon the direct perpetrator—the one who pushed him—because his connection to the offense is stronger than that of the one who merely caused it.
Likewise, if someone gives another person a knife without any prior agreement to kill, and he kills someone with it, liability rests upon the direct perpetrator. But if the direct perpetrator cannot be held liable, then liability rests upon the person who caused the harm. For example, if a man throws someone bound hand and foot before a lion, and the lion eats him, there are here a direct perpetrator and a person who caused the harm: the direct perpetrator is the lion, while the one who caused the harm is the person who threw the man bound before it. In this case, liability rests upon the person who caused the harm, because the direct perpetrator cannot be held liable.
Likewise, if the direct perpetrator is not acting unlawfully, whereas the person who caused the harm is the transgressor, and the direct act is based upon that cause, then liability rests upon the person who caused the harm. An example is where a group of people testify against someone in a manner requiring his execution, and the ruler executes him. Then afterward they retract their testimony and say, “We deliberately sought his death.” Here, the direct perpetrator is the ruler, while those who caused the harm are the witnesses. But the ruler based his direct action on a legally valid justification—the witnesses’ testimony—and he could not disregard testimony requiring execution. Those who caused the harm have themselves admitted to the offense; therefore, liability rests upon them. These are two situations.
The third situation is when the direct perpetrator cannot be held liable because he is not legally accountable; then liability rests upon the person who caused the harm, such as one who instructs someone who is not legally accountable