Indeed, Allah has prohibited the sale of wine, dead meat, swine, and idols." Muttafaq alayh (Agreed upon). The Prophet, may Allah bless him and grant him peace, also said: "I have been sent to eradicate singing girls and musical instruments." (22)
Section: If one breaks a vessel of gold or silver, he is not liable for it, because taking possession of them is prohibited. Abu al-Khattab narrated another narration from Ahmad that he is liable; for Muhanna reported from him, concerning a man who smashed another person's silver pitcher: "He owes its value; he may craft it back as it was." It was said to him: "Did the Prophet, may Allah bless him and grant him peace, not forbid taking possession of them?" He remained silent. The correct view is that there is no liability upon him. Ahmad stipulated this in the narration of al-Marwudhi concerning a man who broke a silver pitcher: "There is no liability upon him," because he destroyed something that is not permissible; therefore, he is not liable for it, just like dead meat. The narration of Muhanna indicates that he retracted that statement, given that he remained silent when the questioner mentioned its prohibition, and because this narration contains the statement: "He may craft it," but it is not permissible for him to craft it; so how could that be mandatory!
Section: If one breaks a wine vessel, there are two narrations regarding it. One of them is that he is liable for it, because it is property from which it is possible to derive benefit, and its sale is permissible; therefore, he is liable for it, as if there were no wine in it. Furthermore, placing
(22) Extracted by Imam Ahmad in: al-Musnad 5/257, 268. (23) In M, there is an addition: "of". (24) Extracted by al-Bukhari in: The Chapter on the Command to Follow Funerals, from The Book of Funerals; and in: The Chapter on the Right of Responding to a Wedding Feast and Invitation..., from The Book of Marriage; and in: The Chapter on Gold Rings, from The Book of Clothing. Sahih al-Bukhari 2/90, 7/31, 200. And Muslim in: The Chapter on the Prohibition of Using Gold and Silver Vessels..., from The Book of Clothing. Sahih Muslim 3/1635-1637. And al-Tirmidhi in: The Chapter on what has been narrated regarding the dislike of a man wearing saffron-dyed clothing and Qasi (silk-blend), from The Chapters on Etiquette. Aridat al-Ahwadhi 10/252. And al-Nasa'i in: The Chapter on the Command to Follow Funerals, from The Book of Funerals. al-Mujtaba 4/44. And Imam Ahmad in: al-Musnad 4/284, 299, 5/385, 408. (25) In the original: "so it was broken" (a typo). (26) In M, there is an addition: "Ahmad". (27) In the copies: "al-Marwazi". A distortion. (28) In the original: "and because it". (29) In B and M: "its manufacturing". (30) In M: "because it".
