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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 205

Translation · EN

and livestock. The second report is that all grains are added to one another for the purpose of completing the nisab. Abu Bakr chose this view, and it is the opinion of 'Ikrimah; Ibn al-Mundhir attributed it to Tawus. Abu 'Ubayd said: "We do not know of anyone among the predecessors who combined them except 'Ikrimah." This is because the Prophet (peace be upon him) said: "There is no zakat on grain or fruit until it reaches five awsuq (loads)." Its implication is that zakat becomes obligatory on it once it reaches five awsuq. Also, because they agree regarding the nisab, the amount to be extracted, the place of growth, and the harvest, it is therefore necessary that they be added to one another, just like the types of a [single] genus. This evidence is invalidated by [the case of] fruits. The third [report] is that wheat is added to barley, and legumes (qutniyyat) are added to one another. Abu al-Harith narrated this from Ahmad, and al-Khiraqi related it. The Qadi said: "This is the correct view." It is the school of Malik and al-Layth, except that he added [more], saying: "Sult (a type of barley), millet, sorghum, rice, wheat, and barley are one category." Perhaps he argues that all of this is edible (muqtat), so some are added to others, like types of wheat. Al-Hasan and al-Zuhri said: "Wheat is added to barley because they agree in being edible, the place of growth, the harvest, and their benefits; therefore, it is necessary to add them, just as 'alas (a type of wheat) is added to wheat, and the types of a genus are added to one another." The first report is more appropriate, if Allah the Almighty wills, because they are distinct genera in which disparity (tafadul) is permissible, so they are not added to one another, like fruits. It is not valid to make an analogy to 'alas with wheat, because it is a type of it, nor to the types of a genus, because [the types of a genus] are all one genus in which disparity is prohibited, and the ruling of the genus is established in all of them, unlike [distinct] genera. Once the analogy is broken, it is not permissible to make zakat obligatory through mere opinion, nor through an irrelevant attribute. Furthermore, this is refuted by fruits, for they are...

Notes

(11) In MSS A and M: "takmil" (completing). (12) In Al-Amwal 473. (13) Its verification has previously appeared on page 157. (14) Omitted from the original manuscript and MS B. (15) In MSS A and M: "the types". (16) In the original manuscript: "the fruit".

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