399 - Issue; He said: "When it reaches twenty-five, the obligation is a bint makhad (a female camel in her second year) up to thirty-five. If a bint makhad is not available, then an ibn labun (a male camel in his third year). When it reaches thirty-six, the obligation is a bint labun up to forty-five. When it reaches forty-six, the obligation is a hiqqah (a female camel in her fourth year) that has been covered by the stallion, up to sixty. When it reaches sixty-one, the obligation is a jadha'ah (a female camel in her fifth year) up to seventy-five. When it reaches seventy-six, the obligation is two bint labun up to ninety. When it reaches ninety-one, the obligation is two hiqqahs [that have been covered by the stallion] up to one hundred and twenty."
This is all unanimously agreed upon, and the report we narrated covers it. The bint makhad is the one that has reached one year of age and has entered its second. It was named as such because its mother has carried another [offspring], and the makhid is the pregnant one. Its mother being pregnant is not a condition for it; it is only mentioned to identify it by its most common state, similar to identifying the rabi'ah (step-daughter) by the hijr (guardianship). Similarly, bint labun and bint makhad are the lowest ages found in Zakat, and they are not required except in the case of twenty-five to thirty-five specifically. The bint labun is the one that has completed two years and entered its third; it was named as such because its mother has delivered its offspring and has milk. The hiqqah is the one that has reached three years and entered its fourth, because it has become entitled to be covered by the stallion; hence the statement: "taruqat al-fahl" (covered by the stallion). It has also become eligible to be carried upon and ridden. The jadha'ah is the one that has reached four years and entered its fifth; it is called this because it "jadh'a" (sheds) when its tooth falls out, and it is the highest age required in Zakat, not being required except from sixty-one to seventy-five. If the owner of the wealth agrees to provide a thaniyyah instead, it is permissible, which is the one that has reached five years and entered its sixth, and it is called thaniyyah because it has shed its two central incisors. This which we mentioned regarding the ages was mentioned by Abu 'Ubayd, and he narrated it from al-Asma'i, Abu Zayd al-Ansari, Abu Ziyad al-Kilabi, and others. Al-Khiraqi’s statement: "If a bint makhad is not available" means if there is no bint makhad among his camels, an ibn labun suffices. It does not suffice when a bint makhad is present, based on his saying - peace be upon him -: "If there is no bint makhad among them, then an ibn labun (male)." In the hadith we narrated. Thus, he stipulated its absence for its giving. If he buys one and gives it, it is permissible, but if he intends to give an ibn labun after buying it, it is not permissible, because a bint makhad has now come into his herd. If there is no ibn labun among his camels and he intends [to buy], he is obliged to buy a bint makhad. This is the opinion of Malik. Al-Shafi'i said: Buying an ibn labun suffices him, based on the literal and general meaning of the report. Our position is that since both are equal in absence, the bint makhad is required, just as if they were equal in presence. The hadith is interpreted based on its existence, because that is for his benefit, sparing him the need to buy. In its absence, he is not spared from buying, so buying the original (the bint makhad) is more appropriate. Moreover, in some versions of the hadith: "Whoever does not have a bint makhad on the proper criteria, but has an ibn labun, it is accepted from him, and he has nothing else with him." Thus, it stipulated his possessing it and the absence of the other. This is in the hadith of Abu Bakr, and in some versions: "And whoever reaches the zakat of a bint makhad, and has nothing but an ibn labun." This is [a restriction which necessitates] applying the absolute text to it, even if he finds nothing but a bint makhad.
(1) Omitted from the original. (2) In manuscripts A and M: "wa ibn" (and a male). (3) Omitted from A, B, and M. (4) Cited previously on page 10 from the hadith of Abu Bakr. (5) In manuscript M: "ka-ta'rif" (like identifying).
٣٩٩ - مسألة؛ قال: (فَإذَا صَارَتْ خمْسًا وعِشْرِينَ، فَفِيهَا بِنْتُ مَخاضٍ، إلى خَمْسٍ وثَلَاثِينَ، فإن لم يكنْ فيها (١) بِنْتُ مَخاضٍ فابْنُ (٢) لَبُونٍ ذَكَرٌ، فإذَا بَلَغَتْ سِتًّا وثَلَاثِينَ فَفِيهَا ابْنَةُ لَبُونٍ إلى خمْسٍ وَأَرْبَعِينَ، فإذا بَلَغَتْ سِتًّا وَأَرْبَعِينَ فَفِيهَا حِقَّةٌ طَرُوقَةُ الفَحْلِ، إلى سِتِّينَ، فإذا بَلَغَتْ إحْدَى وسِتِّينَ فَفِيهَا جَذَعَةٌ إلى خَمْسٍ وسَبْعِينَ، فإذا بَلَغَتْ سِتًّا وسَبْعِينَ فَفِيها ابْنَتَا لَبُونٍ إلى تِسْعِينَ، فإذا بَلَغَتْ إحْدَى وتِسْعِينَ فَفِيهَا حِقَّتَانِ [طَرُوقَتَا الْفَحْلِ] (٣) إلى عِشْرِينَ ومائة).
وهذا كُلُّه مُجْمَعٌ عليه، والخَبَرُ الذى رَوَيْنَاهُ (٤) مُتَنَاوِلٌ له. وَابْنَةُ المَخَاضِ: التى لها سَنَةٌ وقد دَخَلَتْ فى الثَّانِيَةِ، سُمِّيَتْ بذلك لأنَّ أُمَّهَا قد حَمَلَتْ غَيْرَها، والمَاخِضُ الحَامِلُ، وليس كَوْنُ أُمِّهَا مَاخِضًا شَرْطًا فيها، وإنَّما ذُكِرَ تَعْرِيفًا لها بغَالِبِ حَالِها، كَتَعْرِيفِه (٥) الرَّبِيبَةَ بالحِجْرِ، وكذلك بِنْتُ لَبُونٍ وبِنْتُ المَخَاضِ أَدْنَى سِنٍّ يُوجَدُ فى الزكاةِ، ولا تَجِبُ إلَّا فى خَمْسٍ وعِشْرِينَ إلى خَمْسٍ وَثَلَاثِينَ خَاصَّةً. وبِنْتُ اللَّبُونِ: التى تَمَّتْ لها سَنَتَانِ ودَخَلَتْ فى الثَّالِثَة، سُمِّيَتْ بذلك لأنَّ أُمَّهَا قد وَضَعَتْ حَمْلَهَا ولها لَبَنٌ. والحِقَّةُ: التى لها ثَلَاثُ سِنِينَ ودَخَلَتْ فى الرَّابِعَةِ؛ لأنَّها قد اسْتَحَقَّتْ أن يَطْرُقَهَا الفَحْلُ، ولهذا قال: طَرُوقَةُ الفَحْلِ. واسْتَحَقَّتْ أن يُحْمَلَ عليها وتُرْكَبَ. والجَذَعَةُ: التى لها أرْبَعُ سِنِينَ ودَخَلَتْ فى الخَامِسَةِ، وقِيلَ لها ذلك لأنَّها تَجْذَعُ إذا سَقَطَتْ سِنُّهَا، وهى أعْلَى سِنٌّ تَجِبُ فى الزكاةِ، ولا تَجِبُ إلَّا فى إحْدَى وسِتِّينَ إلى خَمْسٍ وَسَبْعِينَ. وإن رَضِىَ رَبُّ
(١) سقط من: الأصل.(٢) فى ا، م: "وابن".(٣) سقط من: أ، ب، م.(٤) تقدم فى صفحة ١٠ من حديث أبى بكر.(٥) فى م: "كتعريف".