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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 300474 - Issue: He said: (And if he gives it a day or two before that, it shall suffice him)

Translation · EN

two views. The judge said: His Fitra is from the estate of the legatee, because we have ruled that ownership transfers from the time of acceptance. If he dies before rejection and before acceptance, if his death is after the hilal (crescent moon) of Shawwal, then the slave's Fitra is from his estate, because the heirs accepted it on his behalf. If his death was before the hilal of Shawwal, then his Fitra is upon the heirs. If he bequeaths to a man the ownership of a slave, and to another his usufruct, and they both accept, the Fitra is upon the owner of the ownership (raqaba); because Fitra is obligatory due to the ownership, not the usufruct, which is why it is obligatory upon one who has no benefit in him. It is possible that its ruling is the same as the ruling for his maintenance, regarding which there are three views: one is that it is upon the owner of his usufruct, the second is upon the owner of his ownership, and the third is from his earnings.

474 - Issue; He said: (And if he gives it a day or two before that, it suffices him.)

The summary of this is that it is permissible to pay Fitra before Eid by two days, and it is not permissible to pay it more than that. Ibn Umar said: "They used to give it a day or two before the Fitr." Some of our companions said: It is permissible to expedite it from after the middle of the month, just as it is permissible to expedite the Adhan of Fajr and departing from Muzdalifah after the middle of the night. Abu Hanifa said: It is permissible to expedite it from the beginning of the year; because it is Zakat, so it resembles Zakat on wealth. Al-Shafi'i said: It is permissible from the beginning of the month of Ramadan; because the cause of the charity is the fast and the breaking of it, so if one of the two causes is found, it is permissible to expedite it, like Zakat on wealth after possessing the nisab (minimum threshold). Our argument is what al-Jawzajani narrated: Yazid ibn

Notes

(13) In the original and B: "two views". (14) From here to the end of what is omitted in A and M. It came in B as follows: "the death of the legatee". (15) In the original and B: "his usufruct". (1) The takhrij (documentation) of the hadith of Ibn Umar was mentioned previously on page 281, and giving Zakat al-Fitr a day or two before the Fitr is recorded by al-Bukhari and Abu Dawud, and in both of them it is from the action of Ibn Umar, not from his saying.

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