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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 162Section

Translation · EN

five heads of camels, there is no Sadaqah" (48). And his statement: "On riqqa (49) there is one-quarter of a tenth" (50) with his statement: "There is no Sadaqah on less than five awaq" (48). And because it is wealth upon which Sadaqah is obligatory, it is not obligatory on its small amount, like all other types of wealth subject to Zakah. The reason the hawl (one-year cycle) is not considered is because its growth is completed at the time of harvest, not by its preservation, whereas the hawl is considered for other [wealth] because it is the context for the completion of growth in other types of wealth. The nisaab (minimum threshold) is considered so that it may reach a limit that can bear the social support [obligatory upon it]; therefore, it is considered. This is confirmed by the fact that Sadaqah is only obligatory upon the wealthy, as we have already mentioned, and wealth is not achieved without the nisaab, just like all other wealth subject to Zakah.

Section: The five wasqs are measured after the cleaning of grains, and after the drying of fruits. If someone has ten wasqs of grapes, but they would not yield five wasqs of raisins, nothing is obligatory upon him, because it is the condition at the time of discharging [the obligation] that is considered, so the nisaab is measured according to that state. Al-Athram narrated from him [Ahmad] that the nisaab for palm trees and vines is measured based on [the produce being] fresh dates or grapes, and one takes from it the equivalent of a tithe of the fresh dates as dried dates. This was the choice of Abu Bakr. This is understood as meaning that one should take a tithe of what it [the fruit] would yield (51) as dried dates, provided that its fresh state reaches five wasqs; for if one were to mandate a full tenth of the fresh weight in dried dates, it would be a mandate for more than a tenth, and that would contradict the [Prophetic] text and consensus, so it is not permissible for the statement of Ahmad—nor the statement of any Imam—to be interpreted as such.

Section: Al-'alas is a type of wheat that is stored in its husk. Its practitioners claim that if it is removed from its husk, it does not remain as well as other types of wheat, and they claim that it yields half [the amount]. Thus, its nisaab is measured while it is in its husk due to the harm caused by removing it. If it reaches ten wasqs in its husk, there is a tithe on it, because it contains five wasqs. If we are in doubt regarding whether it reaches the nisaab, its owner is given the choice between paying a tithe on it [as is] or removing it from its husk to estimate it at five wasqs, similar to what we say regarding adulterated gold and silver if we are in doubt as to whether they reach the nisaab.

Notes

(48) Its citation was provided earlier on page 12. (49) Al-Riqqa: this refers to minted dirhams. See what follows during the discussion of issue 450. (50) Recorded by al-Bukhari, in: The chapter on Zakah on sheep, from the Book of Zakah. Sahih al-Bukhari 2/146. And Abu Dawud, in: The chapter on Zakah on pasturing animals, from the Book of Zakah. Sunan Abi Dawud 1/360. And al-Nasa'i, in: The chapter on Zakah on camels, and the chapter on Zakah on sheep, from the Book of Zakah 5/14, 20. And Imam Ahmad, in: Al-Musnad 1/12. (51) In [A] and [M] there is an addition: "bihi" (by it).

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