Is there liability for breaking a musical instrument?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
There is no liability for breaking a musical instrument, such as a mizmar or tanbur, because they are unlawful to sell. Evidence for the prohibition of selling includes the Prophet's statement: "I have been sent to abolish female singers (qaynat) and musical instruments (ma'azif)."
Supporting text
Imam Al-Shafi'i holds that liability is incurred if the broken instrument, when intact, could be used for a lawful benefit, but becomes useless after being broken. Imam Abu Hanifa holds that liability is incurred for breaking musical instruments.