All musical instruments other than the duff are, in principle, prohibited, because they fall under the general ruling. Likewise, in circumstances other than those for which permission has been granted, even the duff is prohibited, for that which has been made an exception for a particular circumstance must remain limited to that circumstance.

Thus, the flute is among the musical instruments that are not permissible under any circumstances. Accordingly, it must be destroyed; if someone destroys it, he incurs no liability.

But who is addressed with the obligation to destroy it?

The one in whose possession it is must be instructed to destroy it and told: “You must break this.”

If he asks, “Should I burn it or break it?” we say: If its material can be put to a lawful use, then do not burn it. That is, if it can be turned into a wooden box or something similar, it should not be destroyed. It is prohibited not because it is wood, but because it has been used for something unlawful. Thus, if it can be converted to a lawful use, it may not be destroyed, because that would constitute the destruction of property.

But if it cannot be put to any beneficial use, then it should be burned, because burning it is more effective in deterring people from it, and so that he will not later be tempted to gather the broken pieces together and make a flute from them. Evidence that burning is more forceful and more damaging is that the Messenger of Allah, peace and blessings be upon him, burned the palm trees of Banu al-Nadir (1) rather than cutting them down, even though it would have been possible to