Firmness of hold: the ruling a cause testifies to rests at root on a text or consensus, so the feature that shows more firmness when tested against the roots (carrying its ruling wherever it recurs) prevails: every kind of wiping (tayammum, khuffs, socks for those who allow it, splints) drops repetition as a sunna, while pillars in prayer are perfected, not repeated; determinacy (ʿayniyya) drops the specifying intention in zakāt given wholly to the poor, ḥajj with an unqualified intention, faith, returning deposits and usurped goods. Usufructs are not liable on destruction, since liability is by likeness (text), and a usufruct is less than a thing; al-Shāfiʿī: they are liable by contract, so by destruction; «ثمَّ هُوَ يزْعم أَن علته أقوى» (v2/259) — "then he claims his cause is firmer", for two reasons: (1) if one side must lose, the wronged should not, and (2) liability wastes only the wrongdoer's attribute (lasting), while no liability wastes the wronged's very value, and an attribute is below the root. Sarakhsī replies that firmness lies with our view: requiring more than was destroyed is injustice that cannot be ascribed to the Law, and not requiring it is only our inability to impose the like where the text requires likeness, deferring the right to the Hereafter; contract liability differs, «فَإِنَّهُ غير مَبْنِيّ على الْمُمَاثلَة بِأَصْل الْوَضع» (v2/260) — "since it is not built on likeness in its basic design" (it seeks profit). Destroying a thing with no like in kind is not a counter-case: what is owed is «مثل الْمُتْلف فِي الْمَالِيَّة شرعا» (v2/260) — "the like of what was destroyed in legal financial value", and small unavoidable differences of value at recovery are overlooked; to (1): the wrongdoer is not wronged but made to give fair measure while his own right stands; to (2): an attribute counts in liability like the root, as a sound hand is not taken for a paralysed one. So marital ownership is not liable on destruction, in testimony to a divorce before consummation, nor the right of retaliation, in testimony to a pardon; blood-money for life and limbs is by text against qiyās, to keep them from being lost. (v2/258–261)