Must the owner of a container allow it to be broken if an aggressor throws their coin into it?

General Chapter

Al-Mughni

Book of Usurpation

Book 22 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a person aggressively throws their dinar into another's inkwell, the owner of the inkwell is not compelled to break it to remove the aggressor's coin. This is because the thrower committed an aggression by placing it there, and the owner is not forced to destroy their property to remove the consequences of another's wrongful act. However, the aggressor is liable for any diminution in the inkwell's value caused by the dinar resting inside it.

Supporting text

There is a differing opinion stating that the owner may be compelled to break the inkwell to return the usurped item, with the aggressor guaranteeing its value, drawing an analogy to someone planting in another's land who is permitted to dig up their growth, thereby guaranteeing the land's diminished value from the digging. Under either view, if the aggressor breaks the container forcibly, they are only liable for its full value.