That the exception in the hadith indicates the permissibility of extracting a defective animal in some circumstances, or we interpret it as referring to a case where there are healthy animals present, for the general rule is health. If the entire threshold is diseased, except for a portion of the mandatory payment, he extracts the healthy one and completes the remainder of the mandatory payment from the diseased ones in proportion to the wealth. There is no difference in this regard between camels, cattle, and sheep, and the ruling regarding the aged animal is identical to the ruling regarding the defective animal.
Ahmad said: The rubba is the one that has given birth and is raising her offspring; meaning she is recent in her labor. The Arabs say it regarding her 'ribab' (period of nursing/care), just as they say it regarding her 'nifas' (post-natal period). The poet says:
• Like the yearning of the mother of the buww in her state of care (ribab) •
Ahmad said: The makhid is the one whose birth is imminent. If she has offspring in her womb but its birth is not imminent, she is a khalifah. These three are not to be taken for the right of the owner of the wealth. Umar said to his tax collector: "Do not take the rubba, nor the makhid, nor the akula, nor the stud-male of the sheep." If the owner of the wealth voluntarily offers to extract them, it is permissible to accept them, and he earns the reward for the extra merit, according to what we mentioned in the hadith of Ubayy ibn Ka'b (4). Once this is established, and it is established that he is prohibited from taking inferior goods for the sake of the poor, and from taking the choice portions of wealth for the sake of its owners, it is established that the right is in the average quality of the wealth. Al-Zuhri said: When the tax collector comes, he divides the sheep into three parts: one third is of the best quality, one third is of average quality, and one third is of the poorest quality.
(1) Omitted from M. (2) The plural of rubba is ribab, with a damma on the ra', and the masdar (verbal noun) is with a kasra on the ra'. (3) Cited by Muntaji' ibn Nabhan. It is found in al-Lisan (R-B-B) 1/404, and Taj al-Arus 1/263. The buww: the calf. It is also said: its skin is stuffed with straw, thumam (a type of plant), or grass, so that the camel may feel affection for it if her calf dies, and then it is brought near the mother of the calf so she may show affection to it and produce milk for it. (4) This was mentioned previously on page 19.