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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 129Section

Translation · EN

from the people of Yemen is charity. Then other wealth came to him, and he placed it in another category, because of his statement to Qabisah ibn al-Mukhariq when he took on a liability (hamala), and he came to the Prophet, peace and blessings be upon him, asking him, and he said: "Stay, O Qabisah, until the charity comes to us, and we will order it for you." In the hadith of Salamah ibn Sakhr al-Bayadi, it is mentioned that he ordered for him the charity of his people. If it were obligatory to disburse it to all the categories, it would not be permissible to pay it to one person. Furthermore, because it is not obligatory to disburse it to all categories when the tax collector (sa'i) collects it, it is not obligatory to pay it to them when the owner distributes it, just as if he finds only one category. Moreover, because he is not obliged to cover all members of every category with it, it is permissible to limit it to one, as if he made a bequest to a group that cannot be enumerated. The [ruling regarding] the Khums (one-fifth) is derived from these two meanings, for it is obligatory for the Imam to distribute it among all its eligible recipients and to cover all of them with it, unlike Zakah. The verse was intended to explain the categories to whom it is permissible to pay, to the exclusion of others. When this is established, it is recommended to disburse it to all categories, or to whoever among them is possible, because by doing so, one exits the disagreement and certainty of fulfillment is achieved; thus, it is more appropriate.

Section: Al-Khiraqi’s statement: "If it does not lead him to wealth." He means by this the wealth that prevents one from taking Zakah, which we have already mentioned. The apparent meaning of Al-Khiraqi's statement is that he should not pay him what would result in wealth, while the [official] school doctrine is that it is permissible to pay him what suffices him without excess. Ahmad explicitly stated this in several places, and his companions mentioned it, so it is necessary to interpret Al-Khiraqi’s statement as meaning he should not pay him more than what results in wealth. This is the view of Al-Thawri, Malik, Al-Shafi'i, and Abu Thawr. The jurists of the school of opinion (Ashab al-Ra'y) said: He may be given a thousand or more if he is in need of it, and it is disliked to give more than two hundred.

Notes

(8) Al-Hamala: The wealth that a person undertakes, meaning he incurs a debt for it and pays it to reconcile between people. (9) Its verification has previously appeared on page 119. (10) Recorded by Abu Dawud, in: The Chapter on Zihar, from the Book of Divorce. Sunan Abi Dawud 1/513. Al-Tirmidhi, in: The Chapter on what has been narrated regarding the atonement for Zihar, from the Chapters of Divorce, and in the Surah of Al-Mujadilah, from the Chapters of Interpretation. 'Aridat al-Ahwadhi 5/178, 179; 12/185, 186. Ibn Majah, in: The Chapter on Zihar, from the Book of Divorce. Sunan Ibn Majah 1/665. It was also recorded in abbreviated form by Imam Ahmad, in: Al-Musnad 5/436. (11) In M: 'it becomes necessary'.

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