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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 60

Translation · EN

the need for that arises, such as when the obligatory amount is a single unit that cannot be taken from both properties together, or when he cannot find the obligatory amount for both together except in one of the two properties. For example, if the property of one of them is mature and adult [livestock], and the property of his joint-owner is young or sickly, then a mature and adult [sheep] is due, even if the need for that has not arisen, such as when he finds the obligatory amount for each of the two properties within that property itself. Ahmad said: The collector only comes and finds the livestock, so he collects [the zakat] from it. He does not come and say: 'Which [part] is yours, and which [part] is yours?' He only collects what he finds, and the joint-owner may benefit or may be harmed. Al-Haytham ibn Kharija said to Abu Abd Allah: 'I saw a poor man who had two sheep among a herd, and the collector came and took one of them.' The basis for this is the statement of the Prophet (may Allah bless him and grant him peace): 'Whatever is between two joint-owners, they shall demand from one another equally.' And his statement: 'Neither shall be combined between separate [properties], nor separated between combined [properties], for fear of [the obligation of] charity.' These are two fears: the fear of the owner of the wealth regarding an increase in charity, and the fear of the collector regarding its decrease. It is not permitted for the owners of wealth to combine their separate properties—which would have required one sheep each—in order to reduce the obligation upon them, nor to separate their combined properties—which would have required an obligatory amount due to their combination—in order for [the obligation] to drop from them by their separation. Nor is it for the collector to separate the joint-owners so that the zakat increases, nor to combine them if they were separate so that the zakat becomes due. This is because the two properties have become like a single property in the obligation of zakat, and thus [they are treated the same] in its disbursement. Whenever the collector takes the obligatory amount from the property of one of them, he shall demand from his joint-owner the value of his share of the obligatory amount. If one of them possesses one-third of the wealth and the other two-thirds, and he takes the obligatory amount from the property of the one who possesses the third, he shall demand two-thirds of the value of the extracted amount from his companion.

Notes

(1) In the original: "wa la" (and not). (2) Omitted from M. Meaning: he does not address each of the two joint-owners saying this to him. (3) Its source was provided previously on page 10. (4) In the original: "minha" (from it). (5) In B: "bi-tafriqatiha" (by its separation).

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