Breaking (kasr)

كَسْر

Kasr in the lexicon is shattering a thing and separating its parts; in the law it is breaking a bone of a person whose blood is protected, which is forbidden. Retaliation is owed for breaking a tooth when the conditions of retaliation hold and no further damage is feared. For other bones the schools differ: the Hanafis, Shafi'is and Hanbalis allow no retaliation, while the Malikis allow it where it is not dangerous. There is no fixed compensation for breaking a bone beyond an assessed sum, though these schools set fixed sums for some bones. The schools disagree whether the owner must pay for musical instruments and wine vessels broken by a man who forbids them. In inheritance, a fraction of the shares is adjusted so each heir receives a whole number of shares. 1 2 3 4

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Health, body and deathFamily, marriage and kinship

Summary

Kasr in the lexicon is shattering a thing and separating its parts. As a mathematical term it is a part of one that is not whole, such as a half or a fifth. Qat' (cutting) is narrower; jarh (wounding with a weapon) is narrower still; and shajja applies only to the face and head 1 2.

Ruling on breaking a bone

Breaking the bone of a person whose blood is protected by Islam, by a covenant or by protection, unjustly and aggressively, is forbidden by consensus 2.

Retaliation

Retaliation is owed for breaking a tooth intentionally when the conditions of retaliation hold and no greater damage than the broken part is feared, on the verse "the tooth for the tooth". If that further damage is feared, there is no retaliation and compensation is due 2. For other bones the schools differ: the Hanafis, Shafi'is and Hanbalis hold no retaliation, since equality cannot be assured; the Malikis allow it except for bones whose injury is grave, such as the breast-bone, the spine, the neck bones and the thigh 2 3.

Compensation for a broken bone

The Hanafis, Shafi'is and Hanbalis hold that there is no fixed legal compensation for breaking a bone, only an assessed sum, except for the tooth. Some of them fix sums for certain bones, such as four camels for both forearms, two for a shin, four for both shins, and two for the thigh. The Malikis hold that if there is no retaliation and the limb heals to its shape, nothing is owed; if it heals crooked, an assessed sum is owed 3.

Musical instruments, crosses and wine vessels

The schools differ on liability for breaking them. Abu Hanifa holds that a musical instrument that has other uses is valued in those uses; if it has none, nothing is owed. The Malikis appear to hold that its value when broken is owed. The Shafi'is hold that idols, crosses and instruments of forbidden music are not protected, and that a man who must break them to stop the wrong may do so; wine vessels are treated the same when the wine cannot be poured out. The Hanbalis and Abu Yusuf and Muhammad hold that nothing is owed, on the hadith that God and His Messenger forbade the sale of wine, carrion, pork and idols; on wine vessels there are two narrations from Ahmad. It is reported that Ibn Umar split wine skins in the markets of Medina at the Prophet ﷺ's command 3 4.

Breaking shares in inheritance

When a deceased's estate yields heirs' shares that cannot be divided without a fraction, the case is corrected by multiplying the base of the case by the smallest number that lets each heir receive a whole number of shares. The detailed rules belong to the entry on inheritance 4.

People and things also explored

Fleshy growth in the wife's womb and the right to annul (afal)· The clot stage of the embryo (alaqa) and the rulings on its loss· Pregnant woman (hamil) in fiqh· Janin (the unborn child)· The death and burial of Fatima bint Muhammad· The dosing of the Prophet during his illness· The Big Sick· Taj Mahal

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13263
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13264
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13265
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.13266
Cite this page

islam.museum contributors. “Breaking (kasr)”. islam.museum, https://islam.museum/en/concept/kasr/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON

Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words.
Related

Fleshy growth in the wife's womb and the right to annul (afal)

In the lexicon, afal is a fleshy growth in a woman's genital passage, which arises after childbirth and not in virgins; some say it is a swelling that narrows the passage until penetration is impossible. Some jurists distinguish it from ratq, a closure from birth; both are defects that give an option to end the marriage. The Malikis and Hanbalis hold that it gives the husband an option to annul the marriage, since it defeats the marriage's main purpose; Abu Hanifa and Abu Yusuf hold that neither spouse has such an option. The Shafi'is count ratq and qaran, another closure, as defects peculiar to women that give the option.