and those combining both include flogging a thief who steals property that was not securely kept and requiring him to pay double compensation, as well as killing unbelievers and taking their property.
Just as corporal punishments sometimes serve as retribution for past acts, such as amputating a thief’s hand, and sometimes serve to avert future harm, such as executing a murderer, so too do financial punishments. Some of these fall under the elimination of wrongdoing. Like corporal punishments, they are divided into destruction, alteration, and transfer of ownership to another.
As for the first category, unlawful objects and attributes may be eliminated by destroying the material embodying them. For example, since the forms of idols worshipped besides Allah are unlawful, the material from which they are made may be destroyed. Thus, if they are made of stone, wood, or similar materials, they may be smashed and burned. Likewise, instruments of entertainment, such as the tanbūr, may be destroyed according to most jurists. This is Mālik’s position and the better-known of the two positions reported from Ahmad.
The same applies to wine vessels: they may be broken and punctured. A shop in which wine is sold may also be burned down. Ahmad explicitly stated this, as did Mālikī jurists and others. They followed the established report that ʿUmar ibn al-Khattāb ordered a wine shop belonging to Ruwayshid al-Thaqafī to be burned down, saying, “You are only Fuwaysiq (‘a little evildoer’), not Ruwayshid (‘a little rightly guided man’).”
Likewise, the Commander of the Faithful, ʿAlī ibn Abī Tālib, ordered a village in which wine was sold to be burned down, as reported by Abū ʿUbaydah and others. This is because the place where it is sold is treated like its vessels. This, too, accords with the well-known position in the schools of Ahmad, Mālik, and others.