with gold, when it is feared that they might fall out, has been practiced by people; thus, there is no harm in it in cases of necessity. Al-Athram reported from Musa ibn Talhah, Abu Jamrah (11) al-Duba'i, Abu Rafi', Thabit al-Bunani, Isma'il ibn Zayd ibn Thabit, and al-Mughirah ibn Abd Allah that they fastened their teeth with gold. From al-Hasan, al-Zuhri, and al-Nakha'i, it is reported that they granted a concession for it. As for other than that made of gold, it has been narrated from Ahmad (may Allah have mercy on him) that there is a concession for it (12) regarding the sword. Al-Athram said: Ahmad said: It has been reported that there was a gold nail in the sword of Uthman ibn Hunayf. Abu Abd Allah said: That is currently in the sword. He also said: Umar had a sword [containing ingots] (13) of gold, according to the hadith of Isma'il ibn Umayyah, from Nafi'. Al-Tirmidhi (14) reported with his chain of narration from Mazidah al-'Asari that the Prophet (may Allah’s peace and blessings be upon him) entered Makkah with gold and silver on his sword. Another report is narrated from Ahmad indicating the prohibition of that. Al-Athram said: I said to Abu Abd Allah: If he fears it might fall out, may he place a gold nail in it? He replied: A concession was granted only for teeth, and that is solely out of necessity. As for the nail, it has been reported: "Whoever adorns himself with a kharbasisah [will be branded with it on the Day of Resurrection] (15)." I asked: What is a kharbasisah? He said: A small object like a tiny barley grain. Al-Athram also (16) reported with his chain of narration from Shahr ibn Hawshab, from Abd al-Rahman ibn Ghunm, who said: "Whoever is adorned, or adorns himself, with a kharbasisah will be branded with it on the Day of Resurrection, whether forgiven or punished (17)." It has been related from Abu Bakr, one of our companions, that he permitted a small amount of gold, and he perhaps relies on the reports we have cited, and by drawing an analogy (18) between gold and silver, and because it is one of the three items forbidden for males but not females; therefore, its small amount (19) is not forbidden, like the rest of them. Everything that is permitted among ornaments has no Zakat due on it if it is prepared for use.

452- Issue: He said: (The one who uses vessels of gold and silver is a sinner, and Zakat is due on them).

The gist of this is that taking gold and silver vessels is forbidden for both women and men, as is using them (1). Al-Shafi'i said in one of his two views: Taking them is not forbidden; because the text only came down regarding the prohibition of using them, thus the permissibility of taking them remains based on the original principle of permissibility. Our view is that whatever its use is forbidden, its acquisition in a form intended for use is also forbidden, like instruments of amusement, and men and women are equal in this; because the meaning necessitating the prohibition applies to both, which is that it leads (2) to extravagance, arrogance, and the breaking of the hearts of the poor, so they are equal in the prohibition. It was only made lawful for women to adorn themselves due to their need for it to beautify themselves for their husbands, and this is not found in vessels, so it remains prohibited. Once this is established, Zakat is due on them, without disagreement among the scholars. There is no Zakat due on them until they reach the nisaab (minimum threshold) by weight, or he possesses other items that reach the nisaab when combined with it. If its value increases due to its craftsmanship (3), it is not taken into account; because it is forbidden, so it has no value in Islamic Law. He may pay the Zakat on it, which is a quarter of a tenth of its value as unworked gold. If he wishes to break it, he pays a quarter of a tenth of its weight broken, and if he pays a quarter of a tenth as crafted, it is permissible; because...