What is the ruling if a man's sheep swallows another's non-usurped jewel, and it can only be removed by slaughtering the sheep?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
The sheep must be slaughtered if the harm resulting from slaughter is less, and the owner of the jewel bears the cost of the resulting deficiency in the sheep's value, as this is done to retrieve his property. However, if the sheep's owner was negligent in guarding the animal, the jewel's owner bears no liability for the deficiency because the fault lies with the sheep's guardian.
Supporting text
If the injury from slaughter is greater, and the sheep's head is stuck in a container, the container should be broken if that causes less harm. If the sheep's owner was negligent, he bears the cost. If the container's owner was negligent by placing it in a path, he bears the cost. If neither was negligent, the liability falls upon the sheep's owner if the container is broken (as he broke it to save his sheep), or upon the container's owner if the sheep is slaughtered (as it was done to save his container).