Is a person liable for breaking gold or silver vessels?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
A person is not liable for the value of broken gold or silver vessels because their possession and use are prohibited. This ruling is supported by the principle that one is not responsible for destroying that which is not permissible, analogous to the case of carrion (dead meat not properly slaughtered).
Supporting text
There is a narration from Ahmad, reported by Abu Al-Khattab, suggesting liability where the person must pay the value of the silver jug, having it recast. However, the correct position holds that there is no liability, suggesting the reported liability narration represents an earlier opinion from which the jurist retracted, especially since he remained silent when reminded of the Prophet's prohibition against possessing such items, and the requirement to have it recast implies an action that is itself impermissible.