Is there liability for breaking an object used for prohibited purposes?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
There is no liability for breaking a cross (salib), a wind instrument (mizmar), a lute (tanbur), or an idol (sanam). This position is held because these items are unlawful to sell. Evidence for the prohibition of selling includes the statement of the Prophet (peace be upon him): "Indeed, Allah has forbidden the sale of wine, carrion, swine, and idols," which is agreed upon (Muttafaqun 'alayh). Further evidence is 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 item, when intact, could be used for a lawful benefit, but becomes useless after being broken. In such a case, the breaker must compensate for the difference between its value when intact and its value when broken, due to destroying something of value. If the item had no lawful use even when intact, no compensation is due.