What happens if the party liable for the loss chooses to destroy their own property instead of compensating the other party to prevent the loss of the other's property?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the liable party states, 'I will destroy my own property and owe nothing to the other,' this is permitted. This is because the destruction of the other's property was intended solely to secure the safety and recovery of their own property. If they consent to the loss of their property, the destruction of the other's property is not permitted.
Supporting text
If the liable party refuses to destroy their own property while also refusing compensation, they cannot be compelled to destroy the property of the other party. The owner of the container is not forced to incur any cost because the container holds no sacred sanctity (*hurmah*). However, the sheep's owner cannot leave his animal to suffer torture; therefore, he is told to either slaughter the sheep to relieve its suffering or compensate the container's owner for the lesser harm of breaking the container to save the sheep, as this compensation is necessitated by keeping or freeing the animal from torment, similar to providing fodder.