indicates the wealth that prohibits it, and there is no contradiction between them, so it is necessary to reconcile them. Regarding their statement: 'The basic principle is the absence of overlap,' we say: Its proof has been established by what we have mentioned, so it must be adopted. Second, whoever possesses what suffices him from non-Zakat-eligible wealth, or from his earnings, or rent from property (19), or otherwise, is not permitted to take from Zakat. This is the position of Al-Shafi'i, Ishaq, Abu 'Ubayda, and Ibn al-Mundhir. Abu Yusuf said: If he pays Zakat to him, it is blameworthy, but I hope it suffices. Abu Hanifa and the rest of his companions said: It is permissible to pay Zakat to him because he is not wealthy, based on the argument they cited. Our evidence is what Imam Ahmad narrated, saying: Yahya ibn Sa'id informed us, from Hisham ibn 'Urwa, from his father, from 'Ubayd Allah ibn 'Adi ibn al-Khiyar, from two men among the companions of the Prophet (peace be upon him), that they came to the Messenger of Allah (peace be upon him) and asked him for charity. He looked them over and saw they were strong, so he said: 'If you wish, I shall give you, but there is no share in it for a wealthy person, nor for a strong person capable of earning' (20). Ahmad said: How excellent this hadith is. He also said: It is the best of them in terms of isnad (chain of narration). 'Amr ibn Shu'ayb also narrated from his father, from his grandfather, that the Prophet (peace be upon him) said: 'Charity is not permissible for a wealthy person, nor for one who is physically sound.' Narrated by Abu Dawud and Al-Tirmidhi (21), who said: It is a hasan (good) hadith (22). However, Ahmad said: I do not know of anything authentic in this regard. It was asked: What about the hadith of Salim ibn Abi al-Ja'd, from Abu Hurayra (23)? He replied: Salim did not hear from Abu Hurayra. Moreover, he possesses what makes him independent of Zakat, so it is not permissible to pay him, just like the owner of a nisab. Third, whoever owns a Zakat-eligible nisab that does not fulfill his sufficiency from sources other than currency, he may take from Zakat. Al-Maymuni said: I discussed this with Abu 'Abd Allah [Ahmad ibn Hanbal] and said: A man may own camels or sheep upon which Zakat is due, yet he is poor, and he might have forty sheep or an estate that does not suffice him; is he to be given from charity? He said: Yes. And he mentioned the statement of 'Umar: 'Give to them, even if they have herds of camels...' (24). I said: Is this a specific number or time? He said: I have not heard that. In the narration of Muhammad ibn al-Hakam, he said: If he has property that he derives income from (26) or an estate worth ten thousand or less or more, but it does not support him, he may take from Zakat. This is the opinion of Al-Shafi'i. The jurists (Ashab al-Ra'y) said: He is not permitted to take from it if he owns a Zakat-eligible nisab, because Zakat is due upon him, so it is not due to him, based on the report. Our argument is that he does not possess what makes him independent, nor is he able to earn what suffices him, so it is permissible for him to take from Zakat, just as if what he possessed was not subject to Zakat. Also, because poverty is an expression of need; Allah the Exalted says: 'O people, you are the poor in need of Allah' (28), meaning: those in need of Him. The poet said: 'O Lord, I am a believer in You, a worshiper, acknowledging my sins, poor before You.' Another said: 'And I am indeed in need of her kindness' (29). This person is in need, thus he is poor and not wealthy. Furthermore, if what he owned were not subject to Zakat, he would be poor, and there is no difference in fulfilling the need between the two types of property. Allah the Exalted has named those who own a ship...