Part 34

“If somebody has got less than forty sheep, no Zakah is required, but if the owner wants to give anything in charity, he can.”

If the number of sheep reaches one hundred and twenty one, two sheep are to be given as Zakdh, based on the hadith of Aba Bakr (may Allah be pleased with him) that has been mentioned before, which says:

“Af the (number of) sheep is over one hundred and twenty, two sheep are due (as Zakéh).”

If their number reaches two hundred and one, then three sheep are to be given as Zakah. This is also based on the hadith of Abii Bakr (may Allah be pleased with him), which says:

After that number of sheep, the due number to be given as Zakdh in sheep is fixed. Thus, one sheep is to be given as Zakéh for every hundred sheep. So, for every four hundred sheep, four sheep are to be given as Zakdah; for every five hundred sheep, five sheep are to be given as Zakah; for every six hundred sheep, six sheep are to be given as Zakéh and so forth. It is stated in the book of Zakah, which Aba Bakr (may Allah be pleased with him) acted according to until he died and so did ‘Umar (may Allah be pleased with him) until he died, that:

“.-As regards the (flock of) sheep, for every forty sheep up to one hundred and twenty, one sheep is due (as Zakah). If the (number of) sheep is over that up to two hundred, two sheep are due. But if they are over two hundred by only one sheep, three sheep are due up to three hundred. If they surpass three hundred, no Zakah is to be paid until they reach four hundred). If the number of sheep is over that (four hundred), then one sheep is to be given as Zakah for every hundred sheep.”

Furthermore, an old sheep is not to be accepted as Zakah, nor a defective one which is not fit as a sacrificial animal except if all the sheep are the same. Moreover, the pregnant one is not to be accepted, nor the one that suckles its baby, nor the one fitting to be fertilized by the male because in most cases it becomes pregnant. This is based on the hadith of Abd Bakr (may Allah be pleased with him) related in Sahih Al-Bukhdri (Al-Bukhdéri’s Authentic Book of Hadith), which says:

“Neither an old nor a defective animal nor a male-goat is to be taken as Zakah except if the collector of Zakah wishes (to take it)”

“And do not aim toward the defective therefrom, spending [from that]...” (Qur’in: Al-Baqarah: 267)

“|..But one should give animals of medium quality, for Allah does not demand from you the best of your animals, nor does He command you to give the animals of worst quality?”

The best animal, which is the most precious to its owner, is not to be taken as Zakah. Also, the animal that eats much, which is either fat and is prepared for eating, or the one marked by gluttony and grows fat because of it, is not to be taken as Zakah, Allah's Messenger (PBUH) said to Mu‘ adh Ibn Jabal (may Allah be pleased with him) when he sent him to Yemen:

“..Avoid taking the best of their properties.” (Related by Al-Bukhari and Muslim)

In charities, what is to be taken is the property of medium quality as stated by the Prophet (PBUH):

Thus, a sick animal is to be taken from among a nisdb" that is all sick, because Zakdh is ordained to provide sustenance to others, and obliging one to give a sound one out of the sick group is unfair to the one giving Zakah. In addition, a youngster is to be taken from among a nisab that is all young, especially from the sheep. Yet, if the proprietor desires to give better than that enjoined upon him, it will certainly be better and greater in reward for him.

If the property is a mixture of grown-up and young, sound and defective, or male and female animals, a sound grown-up female is to be taken based on estimating the value of the superior and inferior divisions of the property. Firstly, the superior part of the property is to be estimated to know what should be taken as Zakah and the same is to be done with regard to the inferior part. After that, the due Zakéh is to be taken justly on an average basis from among the whole property. The same is to be applied with respect to the other types of sound and defective, or male and female sheep. So, if the value of Zakah that is to be given is twenty sheep, in case the whole nisab is of grown-up sound sheep; and its value is ten in case the nisdb is of young sick sheep, then the given Zakah is to be one half of that and one half of that. Thus, fifteen sheep are to be given as Zakah.

Among the objects of research in Zakah of grazing livestock are the rules of partnership; when the sum of the mixed livestock is shared between two persons or more. Such partnership is of two types:

The first type: The mixed partnership in which the property is common and shared between the owners and the property of one of them is not distinguished from the other's. In this case, one of them may own half the livestock, its quarter or the like.

The second type: The determinate partnership; where each one has a known, distinguished share, yet their properties are adjacent. Each of the two kinds of partnerships influences Zakdh positively or by deduction, augments it or lessens it.

Partnership with its two types renders the two-shared properties as one, but with conditions:

The first condition: The sum equals the nisab. If it is less than the nisab, nothing is to be taken from it. The sum must equal the nisab, even if what each of the owners possesses is less than the nisab.

The second condition: The two partners are from the people upon whom Zakdéh is rightfully enjoined. Ifone of them is not from amongst those people (a disbeliever for example), then the partnership will be irrelevant and each share will be subject to its own rules.

The third condition: The two properties share the same shelter or lodging, and share the same yard where they are gathered to go to the pasturage. Moreover, they must share the same place of milking. If one of the partners milks his livestock in a place and the other milks his own in another place, then the partnership will be irrelevant with regard to Zakdh. In addition, the two-shared properties must share the same male animal which fertilizes them all. Also, both properties must graze in the same pasturage. If the pasturage differs and one partner's share grazes in a place other than the place where his partner herds his own livestock, then the partnership will be irrelevant with regard to Zakah.

If these conditions are fulfilled, the two-shared properties are deemed as one. This is based on the hadith of the Prophet (PBUH) in which he said:

“Neither the property of different people may be taken together nor the joint property may be split for fear of (giving more, or receiving less) Zakah.”

(Related by At-Tirmidthi, Abi Dawad, and Ibn Majah, and deemed a hasan (good) hadith by At-Tirmidthi)"

Ifa person owns one sheep while the other owns thirty-nine, or if forty men own forty sheep, a sheep for each, and they remain partners for a whole year with the fulfillment of the aforementioned conditions, then only one sheep is due as Zakah for their joint property. In the first case, the owner of the sheep is to give one-fortieth (2.5%) of the sheep as Zakah, and the rest (97.5%) are to be given by the owner of the thirty-nine sheep. In the second case, each of the forty men is to give 2.5% of the sheep as Zakah. Also, if three men possess one hundred and twenty sheep, where each of them owns forty, all of them are to give one sheep as Zakah, one third each.

As partnership influences the amount of Zakah the way explained previously, division also may influence the amount of Zakdh, according to the opinion of Imim Ahmad. Thus, if the grazing livestock of a person is separated, where every part is removed from the other a distance that entails shortening prayer, then each part is to be subjected to its own rulings and it

will be unrelated to the other part of the property. If one part is equal to the nisdb, Zakah is to be given from it. If it is less than the nisdb, nothing is to be given as Zakah. Thus, no part is to be joined to the other, as stated by Imam Ahmad. However, the majority of Muslim scholars are of the opinion that division does not influence the property of a single person. One part is to be added to the other in judgment, even if divided. This is the soundest opinion; and Allah knows best.

1 Ahmad (19901) [5/2], (19921) [5/4], Abd Dawad (1575) [2/159] and An-Nasa’i (2443) [3/17].

6 Muslim (2293) [4/72]. Al-Bukhari (1402) [3/338] and Muslim (2287) [4/67].

9 Abt: Dawid (1576) [2/160], Al-Tirmidhi (622) [3/20], An-Nasa’i (2450) [2/26] and Ibn Majah (1803) [2/382].

11 Abii Dawdd (1568) [2/154], Al-Tirmidhi (620) [3/17] and Ibn Majah (1805) [2/383]. See also An-Nasa’i (2446) [3/20] and Al-Bukhari (1454) [3/399].

15 Aba Dawad (1580) [2/162], An-Nasa’t (2456) [2/30], Ibn Majah (1801) [2/381] and Al-Tirmidhi (620) [3/17]. See also Al-Bukhari (1450) [3/395].

“O you who have believed, spend from the good things which you have earned and from that which We have produced for you from the earth...” (Qur'an: Al-Baqarah: 267)

Zakah can be called spending (expenditure), as Allah, the Exalted, says:

“And those who hoard gold and silver and spend it not in the Way of Allah - give them tidings of a painful punishment.”

(Qur'an: At-Tawbah: 34) The verse means that they do not give its due Zakah.

The Sunnah (Prophetic Tradition) has mentioned elaborately the command to give Zakdh on grains and fruits, and clarified its due amount. The Muslims

have also unanimously agreed upon the dueness of giving it from wheat, barley, dates, and raisins. Thus, Zakéh is to be given from all grains such as wheat, barley, rice, millet and the rest of cereals. The Prophet (PBUH) said:

“No Zakah is due on less than five wasqs' of grains or dates.”” The Prophet (PBUH) also said:

“On a land irrigated by rainwater or by natural water channels or if the land is wet due to a nearby water spring, one-tenth is to be given (as Zakah).”

Zakah is to be given from fruits such as dates, raisins, and their like from amongst all the things that can be weighed and stored. Zakah is only taken from what reaches the nisdb. This is based on the marfit* (traceable) hadith narrated by Aba Sa‘id Al-Khudri (may Allah be pleased with him) saying that the Prophet (PBUH) said:

“No Zakéh is to be paid on (a quantity) less than five wasqs.” (Related by the Group of Compilers of Hadith)’

It is stipulated in Zakah given from grains and fruits that the owner must possess the nisab at the due time of giving Zakah, which is the appearance of signs indicating ripeness of fruits, and the hardening of grains in plants. Thus, there are two conditions which make Zakéh obligatory to be given from fruits and grains. First, the amount should reach the nisdb according to what is mentioned above. Second, the one giving Zakdah possesses the nisdb at the due time of giving Zakah. Therefore, if a person possesses the nisab later, he is not to give Zakah for it, as in the case of buying it, or gaining it as wages in return of harvesting it, or having picked it up from the leftover harvest.

The amount that is to be given as Zakdéh of grains and fruits differs according to the method of irrigation:

In case the land is irrigated without effort, but from floods and running water, or in case of trees and plants that suck water through their roots, tenth of the yield is to be given as Zakah. This is according to the hadith related in Sahih Muslim (Muslim's Authentic Book of Hadith) on the authority of Ibn ‘Umar who narrated that the Prophet (PBUH) said:

“On a land irrigated by rainwater or by natural water channels or if the land is wet due to a nearby spring, one-tenth is to be given (as Zakah).”

Moreover, Imam Muslim relates on the authority of Jabir that the Prophet (PBUH) says:

“One-tenth is payable (as Zakah) on the land irrigated by rivers, or rain.”

In case of what is irrigated by exerting effort to bring water from wells or other sources, one-twentieth (5%) is to be given as Zakah. This is based on what the Prophet (PBUH) said in the hadith narrated by Ibn ‘Umar (may Allah be pleased with him):

“And on the land irrigated by the well, one-twentieth (5%) is to be paid (as Zakah on the yield of the land).”

Watering by the help of camels entails giving one-twentieth, as Imam Muslim related on the authority of Jabir (may Allah be pleased with him) that the Prophet (PBUH) said:

“...And a one-twentieth is to be paid (as Zakah) on what is irrigated by camels.”

The due time of giving Zakah on grains is when they become ripe and hard, and with regard to fruits, the due time is when they show signs of ripeness. Yet, if the owner sells it afterwards, Zakah will still be due upon him, not upon the buyer. In addition, the grains are to be given as Zakah after sifting; that is, they must be cleaned from hay and straw.

The fruits given as Zakah should be dried because the Prophet (PBUH) commanded estimating the grapes (for collecting Zakah) when dried into raisins,” thus Zakah for grapes is to be paid in raisins. The same is to be applied with regard to Zakéh due upon dates, as it is to be given in dried dates.

Zakéh is to given from honey if it is obtained from one’s own possession or from uncultivated lands, like the tops of mountains as long as the honey obtained reaches the nisab. The nisab of honey is thirty s4's’. Thus, it is 65160 grams. The amount to be given as Zakdh in honey is a tenth of the yield.

Zakah is to be given from minerals, according to the Quranic verse in which Allah, Exalted be He, says:

“..Spend from the good things, which you have earned, and from that which We have produced for you from the earth...”

A mine is a place from where precious stones are extracted. It is a profit from the earth, thus it entails giving Zakdah just as grains and fruits, If the mineral is gold or silver, the due amount of Zakah is one-fortieth (2.5%), when it reaches the nisdb or exceeds it. Regarding other minerals as kohl, arsenic, sulfur, salt and petroleum, 2.5% of their value is to be given as Zakéh, if the value reaches the nisdb or exceeds it (after being) evaluated in gold or silver.

Zakah is also to be given from rikdz (buried wealth), which is the buried wealth of the disbelievers from the Pre-Islamic Period of Ignorance (the Jahiliyyah). It is named rikaz because it is deeply hidden under the ground, as the word rikdz, in Arabic, indicates firmly implanting something into the ground, Fifth of its amount is to be given as Zak@h whether it is a small or a large amount, as the Prophet (PBUH) said:

“One-fifth of the rikaz is to be given to the Public Treasury.” (Related by Al-Bukhari and Muslim)"

It could be known that rikaz belongs to the disbelievers by having their signs on it like the names of their kings, crosses or any other sign that indicates being of non-Muslim origins. So, after the fifth of it is given as Zakdh, the rest is to go to the one who has found it. However, if the buried wealth carries any sign indicating the ownership of Muslims, or it carries no sign at all, then it is to be judged by the same rulings on a finding.

What is taken as Zakah from the rikdz (buried wealth) is to be spent in the interest of Muslims as in the case of the war booty.