What is the liability for breaking a container holding wine (khamr)?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
There are two reported opinions regarding the liability for breaking a container holding wine. The first opinion states that the container must be guaranteed (the value paid), because it is property whose use is permissible and whose sale is lawful, thus it is guaranteed just as if it contained nothing. The presence of wine does not negate the guarantee of the container, similar to a house used as a storeroom for wine.
Supporting text
The second opinion holds that the container is not guaranteed. This is supported by a narration from Abdullah bin Umar, who stated that the Messenger of Allah (peace be upon him) commanded him to take a large knife, sharpen it, and then instructed him to go to the wine sellers in the markets of Medina and destroy all the leather skins (ziqaq) containing wine he found, commanding his companions to assist him. Furthermore, a narration from Anas states that upon hearing of the prohibition of wine, Abu Talha commanded Anas to break the containers (dinan) holding the drink, indicating the permissibility of destroying such items without incurring liability, similar to other permissible objects.