المغني لابن قدامة - ت التركي

may Allah bless him and grant him peace - that he said: "When the silver reaches two hundred, there are five dirhams in it, then there is nothing on it until it reaches forty dirhams." This is a definitive text (nass). Furthermore, because there is an exemption (‘afw) for it at the initial stage, there is [also] an exemption after the threshold (nisab), like livestock. Our argument is what was narrated from ‘Ali, from the Prophet - may Allah bless him and grant him peace - that he said: "Bring a quarter of a tenth from every forty dirhams, [one] dirham, and you owe nothing until it reaches two hundred. When it is two hundred dirhams, there are five dirhams in it, and whatever exceeds that is by [the same] calculation." Narrated by al-Athram and al-Daraqutni. It was also narrated by Abu Dawud, with his chain of transmission from ‘Asim ibn Damrah, [from] al-Harith, from ‘Ali, except that he said: I reckon it is from the Prophet - may Allah bless him and grant him peace. This has also been narrated from ‘Ali and Ibn ‘Umar as being suspended (mawquf) upon them, and we do not know of any opposing view from the Companions, so it constitutes consensus (ijma‘). Moreover, because it is wealth used for trade, it has no exemption after the threshold, like crops. As for what they used as evidence from the first report, it is an argument based on a logical implication (dalil al-khitab), and the explicit statement (mantuq) takes precedence over it. The other hadith is narrated by Abu al-‘Atuf al-Jarrah ibn Minhal, and his hadith is discarded (matruk). Al-Daraqutni said—and Malik said—that he is a liar among the liars (dajjal min al-dajajilah). It is narrated by him from ‘Ubadah ibn Nusayy, from Mu‘adh, and ‘Ubadah did not meet Mu‘adh, so it is an interrupted chain (mursal). Furthermore, livestock is difficult to partition, unlike currency.

(2) In B and M, there is an addition: "to". (3) Recorded by al-Daraqutni, in: The Chapter on that there is nothing due on the fraction, from the Book of Zakat. Sunan al-Daraqutni 2/93. And al-Bayhaqi, in: The Chapter on mentioning the report narrated regarding the exemption (waqs) of silver, from the Book of Zakat. Al-Sunan al-Kubra 4/135. (4) In M: "al-‘ushr" (the tenth). (5) Recorded by al-Daraqutni, in: The Chapter on the Obligation of Zakat on Gold and Silver, from the Book of Zakat. Sunan al-Daraqutni 2/92. (6) In: The Chapter on Zakat on Grazing Livestock, from the Book of Zakat. Sunan Abi Dawud 1/362. (7) Meaning al-A‘war (the one-eyed). (8) The suspended (mawquf) narration of ‘Ali was recorded by Abu Dawud, in: The Chapter on Zakat on Grazing Livestock, from the Book of Zakat. Sunan Abi Dawud 1/363. And Ibn Abi Shaybah, in: The Chapter of he who said that whatever exceeds two hundred is by calculation, from the Book of Zakat. Al-Musannaf 3/118. And ‘Abd al-Razzaq, in: The Chapter on Sadaqah of Currency, from the Book of Zakat. Al-Musannaf 4/88. And the suspended narration of Ibn ‘Umar was recorded by Ibn Abi Shaybah, in the previous chapter. Al-Musannaf 1/119.

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