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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 53

Translation · EN

contradicting the textual evidence (nass) is not to be accepted. Once this is established, it is considered that in mixing of attributes (khultat al-awsaf), they must share five attributes: the grazing place (masrah), the overnight place (mabit), the milking place (mahlab), the watering place (mashrab), and the stud stallion (fahl). Ahmad said: The two partners (khalitan) are those whose shepherd is one, whose overnight place is one, and whose drinking place is one. Ahmad also mentioned a sixth condition in his discussion, which is the shepherd. Al-Khiraqi said: "Their pasture and grazing place were one." It is possible that he intended the shepherd by the term "pasture," so that it would be consistent with Ahmad's statement, and because the pasture is the grazing place. Ibn Hamid said: The pasture (7) and the grazing place are one condition; Ahmad only mentioned the grazing place so that there would be one shepherd therein. The basis for this is what al-Daraqutni narrated in his "Sunan" (8), with his chain of authority from Sa'd ibn Abi Waqqas, who said: I heard the Messenger of God (peace and blessings of God be upon him) say: "Wealth should not be combined between separate owners, nor separated from combined owners out of fear of zakat; and the two partners are those who have joined together in the watering place, the stallion, and the shepherd." It was also narrated as "the pasture" (9). A similar view was expressed by al-Shafi'i. Some of Malik's companions said: Only two conditions are considered for mixing: the shepherd and the pasture, because of his (peace and blessings of God be upon him) saying: "Wealth should not be separated from combined owners, nor combined between separate owners." The combination is achieved by this, and it is called mixing, so it is sufficient. Our evidence is his (peace and blessings of God be upon him) saying: "And the two partners are those who have joined together in the watering place, the shepherd, and the stallion." If it is said: Why did you consider an addition to this? We say: This is an alert regarding the remainder of the conditions, and an invalidation of what they mentioned, and because each of these attributes (10) has an effect. Thus, it was considered like the pasture. Once this is established, the overnight place (mabit) is well-known; it is the resting place where the livestock returns at night, as God the Exalted says: "...when you bring them home and when you send them out to pasture" (11). And the grazing place

Notes

(7) In A, B, and M: "the shepherd". (8) In: Chapter on the interpretation of the two partners..., from the Book of Zakat. Sunan al-Daraqutni 2/104. (9) In the original and B: "al-ra'i" (pasture/herding). (10) In the original: "al-asnaf" (categories). (11) Surah al-Nahl, 6.

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