Section: If one usurps a dog that is permitted to be kept, it is mandatory to return it, because it is permitted to derive benefit from it and keep it; thus it resembles property. If he destroys it, he does not have to pay for it. If he detains it for a period, he is not obligated to pay any fee, because its hiring is not permitted. If one usurps the hide of a dead animal, is he obligated to return it? There are two views, based on the two narrations regarding its purification through tanning. Whoever says it becomes pure makes its return mandatory, because it is possible to make it usable, so it is like an impure garment. Whoever says it does not become pure does not make its return mandatory, because there is no way to make it usable. If he destroys it, or destroys a dead animal along with its hide, he is not liable for it, because it has no value, as evidenced by the fact that it is not permitted to sell it. If the usurper tans it, it is mandatory to return it if we say it becomes pure, because it is like wine when it turns into vinegar. It is also possible that it is not mandatory to return it, [because it became wealth through his action, unlike wine. If we say: It does not become pure, it is not mandatory to return it, because it is not permitted to derive benefit from it. It is also possible that it is required to return it], if we say that it is permitted to derive benefit from it in its dried state, because it is an impure thing from which benefit is permitted, so it resembles a dog, and likewise before tanning.

Section: If one breaks a cross, a pipe, a lute, or an idol, he is not liable for it. Al-Shafi'i said: If, when separated, it is suitable for a permitted use, and when broken it is no longer suitable for it, he is liable for the difference between its value when separated and when broken, because by breaking it, he destroyed something that had value. If it is not suitable for any permitted benefit, he is not liable for its compensation. Abu Hanifa said: He is liable. Our position is that it is not permitted to sell it, so he is not liable for it, like a dead animal. The evidence that it is not permitted to sell it is the statement of the Prophet, may Allah bless him and grant him peace: "Indeed..."