There are authentic ahadith explicitly indicating
that camels, cattle, and sheep are subject to
zakah. This enjoys the consensus. There are,
however, some conditions to be met:
-1- The animals concerned must attain a nisab.
-2- They have to be in possession for one year.
-3- They should have pastured by themselves --
that is, grazing most of the year in the available
pasture.
Most scholars agree with these conditions.
Malik and al-Layth, however, say that livestock is
subject to zakah whether it be grazing or
fodder-fed, used for carrying loads or not.
Nevertheless, the ahadiths mentioned are
unequivocal in restricting zakah to freely grazing
livestock. This suggests that there is no zakah on
fodder-fed livestock. It is always safe to base an
opinion on evidence rather than on general
implications to avoid possible misunderstanding of
the Prophet's intent.
Ibn 'Abdul-Barr protests: "I do not know
of any jurist in the provinces who followed Malik
or al-Layth in this regard."
There is no zakah on camels unless there are
five of them, they have been grazing freely and
they have been in one's possession for a year.
When the camels are five, their zakah is one sheep
(shah).
When they are ten, their zakah is two sheep.
Thus, every time they increase by five, the zakah
due on them is one more sheep. However, when they
reach twenty-five, the due zakah is a she-camel (bint
makhad or bint labun) which is a year old and
starting the second, or a young male camel which
is two years and already starting the third year.
When they reach thirty-six, the zakah due on them
is a young she-camel (bint labun). When they reach
forty-six, the due zakah is a she-camel (huqqah)
which is already three years old and starting the
fourth. When they reach sixty-one, the due zakah
is a four year old camel already starting its
fifth year (jazh'ah). When they reach seventy-six,
two young she-camels (bint labun) are due. When
they are in the range of ninety-one to 120, the
zakah is two young camels (huqqatan). When the
number of camels is above 120, on every forty
young she-camels, one bint labun is due. And on
every fifty above 120, a young she-camel (huqqah)
is due.
When the ages of camels offered for zakah
differ, the owner should pay jazh'ah. If he does
not have it, he may pay huqqah and may add two
sheep or twenty dirhams provided he can afford to.
The person who has to pay huqqah as zakah but does
not have it only has to pay jazh'ah. The zakah
collector, then, will pay him the difference,
which is twenty dirhams or two female sheep. The
one who has to pay huqqah and does not possess it
can pay just the bint labun if he has it, along
with two sheep if they are available. If not, he
may pay twenty dirhams. If he has to pay the zakah
of bint labun and does not have it, he can pay a
huqqah and will receive from the zakah collector
twenty dirhams or two sheep. If he has to pay the
zakah of bint labun but has only bint makhad, it
will be accepted from him along with two sheep if
they are available, or twenty dirhams. If he is
liable for the zakah of bint makhad and does not
possess it, a ibn labun will be accepted from him
without any additional things. If he has only four
camels, he is not supposed to pay anything unless
he wants to.
These are the rules concerning zakah on camels
which were applied by Caliph Abu Bakr as-Siddiq,
and none of the companions differed with him in
this matter.
Az-Zuhri reported, on the authority of Salim
from his father: "The Messenger of Allah,
upon whom be peace, had the rules of sadaqah
written down but could not send them to his
govemors. Then, after his death, Abu Bakr
dispatched them and applied them, a practice which
Caliph 'Umar also followed and wanted others to
follow, as indicated in his will."
Cattle are subject to zakah provided they are a
freely grazing herd and number thirty at the
completion of the hawl. At that point, the zakah
due is a young bull or a young cow (tabi' or
tabi'ah). When they reach forty, the zakah is a
young cow two years old (musinnah); when sixty,
two young cows or two one-year-olds (tabi'ahs);
when seventy, the zakah due is one musinnah and
one tabi'; when eighty, two musinnahs; when
ninety, three tabi's; when one hundred, one
musinnah and two tabi's; when 110, two musinnahs
and two tabi's; and when 120, three musinnahs or
four tabi's. This system is followed on all
additional cattle--one tabi', and on every forty,
one musinnah.
Sheep are subject to zakah when their number
reaches forty. When the herd counts forty freely
grazing heads at the end of the year, its zakah is
one sheep. This is applicable until the number
reaches 120, at which point, up until 200, the
zakah is two sheep. From 201 to 300, their zakah
is three sheep. When the number is above 300, one
additional sheep is added for each increment of
one hundred. Young sheep (jazh') are levied in the
case of sheep and young goats (thany) in the case
of goats. It is permissible, say scholars without
exception, to levy rams as a form of zakah if all
of the nisab of sheep are male. If the sheep are
ewes, or a grouping of males and females, the
Hanafiyyah holds it is optional to levy a zakah
rams, whereas others specify ewes.
Definition of Awqas: Awqas is a plural form of
waqs. A waqs is any amount or number that lies
between the regulation of the lower ordinance and
that of a higher one. Scholars agree that such a
waqs is exempt from zakah. It has been confirmed
in the sayings of the Prophet, upon whom be peace,
concerning the sadaqah of camels that he said:
"When the number of camels reaches
twenty-five, a young she-camel one year old and
already starting the second (ibn makhad); when
they reach thirty-six to forty-five, then the
zakah due on them is a young she-camel two years
old and already starting the third (bint labun)."
Concerning the sadaqah of cattle, he said:
"When cattle number between thirty and forty,
the zakah is a young calf of one year old (tabi')
or a bull or cow of one year and already starting
the second (jazh' or jazh'ah); when they reach
forty, a young cow of two years old and already
starting the third (rnusinnah)." Concerning
sadaqah on sheep, he said: "When the number
of freely grazing sheep is between forty-two and
120, their zakah is one ewe." Thus, what lies
between twenty-five and thirty-six camels is
considered waqs--that is, there is no zakah on
them. Likewise, what lies between thirty and forty
cattle is considered waqs. This is also applies to
sheep.
The rights of property owners must be
considered when their properties are subjected to
zakah. The best items are not to be taken as zakah
unless the owners freely permit it. Likewise, the
rights of the poor should be considered. A
defective animal should not be taken as zakah
unless all of the other animals are defective. In
such a case, zakah is due on the average of that
property. Some proofs for this view are:
-1- In the letter of Abu Bakr: "Neither an
old or a defective animal nor a billy goat may be
taken as zakah."
-2- Sufyan ibn 'Abdullah ath-Thaqafi reported:
"Umar forbade the zakah collector to levy
zakah on the following: barren ewes (al-'akulah),
a sheep kept at home for milk (ar-rahy), a
pregnant ewe (al-rnakhid), or a ram used for
breeding (fahl al-ghanam)."
-3- 'Abdullah ibn Mu'awiyyah al-Ghadiri
reported that the Prophet, upon whom be peace,
said: "Whoever performs these three acts will
have had (savored) a taste of belief ('irnan): He
who worships Allah alone, and [believes] that
there is no god but Him; he who good-heartedly
offers the zakah on his property which will repay
him every year; and he who does not offer a very
old sheep, a mangy sheep, a sick sheep, a mean and
low sheep, or a ewe which produces only a small
amount of milk. You should offer one from the
average. Verily, Allah asks you to offer neither
the best nor the worst." It was related by
Abu Dawud and at-Tabarani with a good
transmission.
Zakah is not applicable to animals other than
cattle. Thus, there is no zakah on horses, mules,
or donkeys unless they are used for the purpose of
trade. On the authority of 'Ali, it is related
that the Prophet, upon whom be peace, said:
"I have exempted you from paying sadaqah on
horses." It was narrated by Ahmad and Abu
Dawud with a good chain. On the authority of Abu
Hurairah, it is related that the Messenger, upon
whom be peace, was asked if there is zakah on
donkeys. He replied: "Nothing was ever
mentioned [in revelation] except in the following
excellent Qur'anic verse: 'And whosoever does evil
equal to an atom's weight will see it' [azZalzalah
7-8]." It was narrated by Ahmad and its
details have already been mentioned.
Harithah ibn Madrab reported that he performed
pilgrimage (hajj) with Caliph 'Umar, and the
notables of Syria came to him and said: "O
Commander of the Faithful, we have acquired some
animals, so take from our property a sadaqah that
purifies us." He answered them: "My two
predecessors [the Prophet, upon whom be peace, and
Caliph Abu Bakr] did not do this before. But wait
and let me ask the Muslims about this." This
was narrated by alHaythami, who said that it was
narrated by Ahmad and atTabarani in the book
entitled al-Kabir. The narrators of this hadith
are considered trustworthy.
Az-Zuhri reported from Salman ibn Yassar that
the people of Syria said to Abu 'Ubaidah ibn al-Jarrah:
"Take from our horses . . . a sadaqah."
He refused. Then he wrote to 'Umar, who also
refused. They spoke to him again, and he wrote to
'Umar once again. 'Umar wrote back: "If they
desire that, take it from them and give it back to
them [their poor] and to their slaves." This
was narrated by Malik and al-Baihaqi.
When a person has a nisab of camels, cattle,
and lambs, and they give birth during the same
year, zakah is due on both the original number and
their offsprings at the end of the year. Their
zakah is considered a lump-sum zakah according to
the majority of scholars. On the authority of
Malik and ash-Shaf'i, from Sufyan ibn 'Abdullah
ath-Thaqafi, it is related that 'Umar ibn al-Khattab
said: "The new-born sheep (as-sakhlah)
carried by the shepherd are not to be taken as
zakah. Likewise, a barren sheep (al-'akulah), a
ewe kept for milk (ar-raby), a pregnant ewe (al-makhid)
and a ram used for breeding (fahl al-ghanam) are
not to be taken as zakah. Take as zakah the
jazh'ah and the thaniyyah. Zakah is levied on the
average quality of the property."
Abu Hanifah, ash-Shaf'i, and Abu Thaur are of
the opinion that the young offspring are not to be
calculated in the zakah payment unless the mature
animals make a nisab. Also, Abu Hanifah stated
that the young sheep can be added to fulfill a
nisab whether they are born from the same
livestock or not. They will be subject to zakah at
the end of the year. Ash-Shaf'i lays down the
condition that young animals have to be born prior
to the completion of the nisab. There is no zakah
on young animals according to Abu Hanifah,
Muhammad, Dawud, ash-Shu'abi, and Ahmad.
Ahmad, Abu Dawud, an-Nasa'i, ad-Daraqutni and
al-Baihaqi, relate that Suwaid ibn Ghaflah said:
"The zakah collector of the Messenger of
Allah, upon whom be peace, came to us and I heard
him say: 'In my term of office, a suckling animal
was not subject to zakah . . .' " In its
chain of narrators is Hilal ibn Hubab, whom
several have declared trustworthy, but some did
not. It was authenticated by more than one person
but was a point of contention to others.
According to the opinion of Malik and a report
from Ahmad, young animals as well as mature ones
are subject to zakah, because if the former could
be considered with others (for purposes of zakah),
then they could also be considered on their own.
Ash-Shaf'i and Abu Yusuf hold that at least one
young (animal) is obligatory (as zakah) from the
young animals.
-1- Suwaid ibn Ghaflah said: "The zakah
collector of the Messenger of Allah, upon whom be
peace, came to us and I heard him say: 'We do not
collect zakah on suckling animals, nor do we
separate between them [young and old], nor combine
them together.' A man came with a great humped
camel (kawma), but he did not accept it as zakah."
It was reported by Ahmad, Abu Dawud and anNasa'i.
-2- Anas reported that Abu Bakr wrote to him:
"These are the sadaqah stipulations which the
Messenger of Allah, upon whom be peace, made
obligatory to the Muslims. [And of it] do not
combine. There is no need to gather [young and
old] animals nor to separate them to obtain the
correct sadaqah amount. What happens to a mixture
of young and old? When zakah is assessed on two
associates, then they have to figure it out
equally among them." AlBukhari relates this.
Malik, in alMuwatta', says: "There are,
for example, three partners, each having forty
sheep on which zakah is payable. If they add their
sheep together, their zakah will be only one
sheep. Or, another example: two partners have 201
sheep. Their zakah will be three sheep. If they
divide the flock among them, their zakah will be
one sheep each."
Ash-Shaf'i holds that this statement is
addressed to both the owner and the zakah
collector. Each is ordered not to add or separate
his possessions to obtain a lower or higher
sadaqah. Since the owner would naturally prefer a
low sadaqah on his property, he would combine or
separate his possessions accordingly. The same
would also be true of the zakah collector, who
might like to collect as much sadaqah as possible.
By using the phrase khashyat assadaqah (for fear
of sadagah), the Prophet meant that it may become
more or less since both altematives were possible.
This shows that he did not prefer one choice over
the other. Therefore, he made both altematives
possible. According to the Hanafiyyah: "This
is, in a sense, a prohibition on the zakah
collector's separating the property of a person so
that his sadaqah is not increased. For example: a
man possesses 120 sheep. If they are divided into
three lots of forty each, the zakah would amount
to three sheep. Another example: if they combine
the property of one man with the property of
another, the sadaqah would increase. Thus, if a
person owns 101 sheep and another owns an equal
number, then the zakah collector, if he combines
the two lots, would secure three sheep as payment
toward zakah, while the actual amount due is only
two sheep."
The Hanafiyyah hold that as far as the
determination of zakah is concemed, combining
(animals) has no effect. Whether such a
combination is between partners or has ensued
because of contiguity does not matter. There will
be no zakah on the joint ownership of partners
unless each of them attains a nisab. The consensus
is that zakah has to be detemlined on the basis of
sole ownership.
The Malikiyyah maintain that ownership of
cattle is considered as one for the purpose of
zakah. The combination becomes valid only for
zakah when the co-owners in their own right
possess a nisab. In addition to this, they should
have a common herdsman, a common breed, a common
pen, and the expressed intention of having joint
ownership. If the herd of one of them is
distinguished from the other, they will be
considered two separate entities. In that case,
each individual becomes liable for zakah. The
combination affects livestock. What is taken as
zakah from the herd will be distributed among the
partners in accordance with each one's share. If
the property of one of the associates is separate,
then all of it is considered combined.
According to the Shaf'iyyah, every share of the
combination affects the zakah and the zakah on two
or more associates' separate properties becomes
due. This may affect the amount of zakah due; for
example, if two men, each possessing twenty sheep,
combine their sheep, the zakah due is one, but if
they do not combine them, then there is no zakah
on either one. On the other hand, a combination of
101 sheep with the same number results in a zakah
of one and one-half sheep. However, if the flocks
of sheep are considered separately, then the zakah
due on each lot is only one sheep. As for the case
of three associates, each of them having forty
sheep, if they combine them, the zakah due is one
sheep--that is, the zakah due for each partner is
one-third of a sheep. However, if treated
separately, each should pay one sheep. In addition
to this, the Shaf'iyyah moreover stipulate the
following:
-1- The partners should qualify financially to
pay zakah.
-2- The combined property must attain a nisab.
-3- Its zakah is due at the end of the year.
-4- None of the properties is singled out from
the others as regards resting pen, grazing area,
watering, herdsmen, and milking sheds.
-5- Flocks of the same kind are bred by the
same ram.
Ahmad agrees with the Shaf'iyyah, except that
he limited the effect of combination to cattle and
does not take into consideration any other
properties.
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