ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 50411 - Issue: He said: (If there are twenty sheep and twenty goats, one shall take from them the value of half a sheep and half a goat)

Translation · EN

is sufficient for the sacrifice (udhiyya), unlike the jadha' of goats, based on the evidence of the Prophet's statement (peace and blessings be upon him) to Abu Burdah ibn Niyar regarding the jadha' of goats: "It suffices for you, but it will not suffice for anyone after you." Ibrahim al-Harbi said: "The jadha' of sheep is sufficient because it reproduces, while goats do not reproduce except when they are thaniyy."

411 - Issue; He said: "If there are twenty sheep and twenty goats, he shall take from one of them that whose value is half a sheep and half a goat."

We do not know of any disagreement among the people of knowledge regarding the combining of different types of a genus with one another in the obligation of zakat. Ibn al-Mundhir said: "The scholars we remember have reached a consensus on combining sheep with goats." When this is established, he shall pay the zakat from whichever type he prefers, whether there is a necessity for that—such as the mandatory amount being one—or if neither of the two types necessitates a single [amount], or if there is no necessity—such as each of the two types requiring a full obligatory amount. Ikrimah, Malik, and Ishaq said: "He shall pay from the more numerous of the two; if they are equal, he may pay from whichever he wishes." Al-Shafi'i said: "The qiyas (analogy) is that he takes from each type what is specifically due from it." Ibn al-Mundhir chose this view because they are types for which zakat is due, so the zakat of each type becomes due, similar to types of fruits and grains. Our argument is that they are two types of one genus of livestock, so it is permissible to pay from whichever of them he wishes, as if the numbers were equal, and similar to [the cases of] fat and lean animals. What al-Shafi'i mentioned leads to the fractionalizing of the obligatory amount, and [the law] has already diverted to something other than the [specific] genus in cases of less than twenty-five [camels] for that reason; therefore, diverting to the type [within the same genus] is more appropriate. Once this is established, he shall pay from one of the two types that which has a value equal to the value of what is extracted from both types. So, if the two types are equal, and the value of what is extracted from one of them is twelve and the value of what is extracted from the other is fifteen, he shall pay...

Notes

(6) Reported by al-Nasa'i, in: Chapter: Sacrificing the Udhiyya before the Imam, in the Book of Sacrifices (Kitab al-Dahaya). Al-Mujtaba 7/196. And Imam Ahmad, in: Al-Musnad 4/282, 298, 303.

PreviousVolume 4 · Page 50Next
Previous4·50Next