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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 4 · صفحة 135٤٣٥ - مسألة؛ قال: (وإذا باع ماشية قبل الحول بمثلها، زكاها إذا تم حول من وقت ملكه الأول)

الترجمة · EN

435 - Issue: He said: (And if he sells livestock before the year has elapsed for their likes, he shall pay Zakah on them when a year has been completed from the time of his initial ownership.)

The total sum of this is that if he sells a Nisab (minimum threshold) subject to Zakah, of a type where the year is considered by its genus, such as camels for camels, cows for cows, sheep for sheep, gold for gold, or silver for silver, the year does not break, and he builds the year of the second upon the year of the first. Malik held this view. Al-Shafi'i said: The year of a Nisab is not built upon the year of another under any circumstances, due to his saying: "There is no Zakah on wealth until a year has elapsed over it." And because it is a principle (origin) in itself, it is not built upon the year of another, just as if the two genera were different. Abu Hanifah agreed with us regarding currencies (al-athman) and agreed with Al-Shafi'i regarding other than them, because Zakah only became obligatory on currencies by virtue of their being currency, and this meaning encompasses them, unlike others. We argue that it is a Nisab to which its growth (nama') during the year is added, so the year of its substitute of the same genus is built upon its year, like trade goods. The hadith is specific to growth, profit, and trade goods, so we draw an analogy for the subject of dispute based on it. Two different genera are not added to one another while they exist, so it is even more appropriate that the year of one should not be built upon the other.

Section: Ahmad ibn Sa'id said: I asked Ahmad about a man who has grazing sheep, then he sells them for double the amount in sheep. [Is he required to pay Zakah on them] all, or does he give the Zakah of the original? He said: Rather, he pays Zakah on all of them, based on the hadith of Umar concerning the young sheep (sakhla) which the shepherd returns; because its growth is with it. I said: And if it were for trade? He said: He pays Zakah on all of it.

الحواشي

(1) Its verification (takhrij) preceded on page 46. (2) Among those who narrated from Imam Ahmad, there are three named Ahmad ibn Sa'id: Abu al-Abbas al-Lihyani, Abu Abd Allah al-Ribati, and Abu Ja'far al-Darimi. See: Tabaqat al-Hanabilah 1/45. (3) In A and M: "Does he pay Zakah on it". (4) Its verification preceded on page 46.

السابقمجلد 4 · صفحة 135التالي
السابق4·135التالي