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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 40407 - Issue: He said: (No buck, no aged animal, and no defective animal shall be taken for Zakat)

Translation · EN

one sheep." (2) This implies that nothing is due on less than one hundred. In the Book of Charity (Kitab al-Sadaqat) which was in the possession of the family of Umar ibn al-Khattab, it states: "If they exceed three hundred and one, there is nothing due until it reaches four hundred sheep, then four sheep are due." (4) This is a definitive text (nass) which it is not permissible to oppose except with something equivalent to it or stronger. The defining of the nisab (threshold) is for the establishment of the obligatory charity, not as an upper limit. And Allah knows best.

407 - Issue: He said: "A billy goat (tays), an old, feeble animal, or a one-eyed animal shall not be taken as charity."

A one-eyed animal (dhat al-'uwar) is a defective one. These three types are not taken due to their inferiority, for Allah the Almighty said: "And do not aim for the evil thereof to spend [from it]." (1) The Prophet (peace and blessings of Allah be upon him) said: "Neither an old, feeble animal, nor a one-eyed animal, nor a billy goat shall be taken as charity, unless the tax collector (musaddiq) wills otherwise." (2) It has been said that the billy goat of the flock—which is the breeding male—is not taken due to its excellence. Abu 'Ubayd used to narrate the hadith (3) as: "unless the owner of the wealth (musaddaqa) wills otherwise," with a fatha on the dal, meaning the owner of the wealth. According to this, the exception in the hadith refers only to the billy goat. Al-Khattabi (5) mentioned that all narrators disagree with him on this, as they narrate it as "al-musaddiq" with a kasra on the dal, meaning the agent. He said: "The billy goat is not taken because of its defect, the poor quality of its meat, and its being male." Based on this, he does not take (6)...

Notes

(2) Its authentication (takhrij) was previously provided on page 10. (3) Omitted from the original. (4) Its authentication (takhrij) was previously provided on page 21. (1) Surah al-Baqarah, 267. (2) Its authentication (takhrij) was previously provided on page 10. (3) In Al-Amwal: 391. (4) In A and M: "wa-yuftahu". (5) In Ma'alim al-Sunan 2/26. (6) In A and M: "yu'khadh".

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