is not from pasturing livestock, therefore its zakat is not obligatory, similar to wild animals. Their hadith is narrated by Ghawrak al-Sa'di, and he is weak. As for Umar, he only took from them something they voluntarily gave, and they asked him to take it, and he compensated them for it with the provisions of their slaves. Imam Ahmad narrated, with his chain of narration from Harithah, who said: Some people from the people of Syria came to Umar and said: We have acquired wealth, horses, and slaves, and we would like to have zakat and purification for us in them. He said: My two companions before me did not do it, so I shall not do it. He then consulted the companions of the Messenger of Allah (peace and blessings of Allah be upon him), among whom was Ali, who said: It is good, provided it is not a jizyah (tribute) for which they are held accountable after you. Ahmad said: So Umar used to take from them, then he would provide for their slaves. Thus, Umar's hadith became an argument against them from several perspectives. The first is his saying: "My two companions did not do it," meaning the Prophet (peace and blessings of Allah be upon him) and Abu Bakr (may Allah be pleased with him); if it were obligatory, they would not have abandoned its implementation. The second is that Umar initially refrained from taking it, and it is not permissible for him to refrain from what is obligatory. The third is Ali's saying: "It is good, provided it is not a jizyah for which they are held accountable after you." He called it a jizyah if they were held accountable for it, and made its goodness conditional upon them not being held accountable for it, which indicates that taking it from them as such is not permissible. The fourth is Umar's consultation with his companions regarding taking it; if it were obligatory, he would not have needed to consult. The fifth is that no one advised him to take it except for Ali, with the condition he mentioned, and if it were obligatory, they would have advised it. The sixth is that Umar compensated them for it with the provisions of their slaves, and zakat does not have compensation taken for it. It is not correct to compare it to livestock, because their growth is complete, they benefit from their milk and meat, their kind can be sacrificed as an offering (udhiyah), they serve as guidance (hady), and as a ransom for the prohibitions of Ihram, and zakat is obligatory from their own kind, and their threshold (nisab) is considered, while their value is not considered; horses are the opposite.

415 - Issue: He said: (And sadaqah is not obligatory except upon free Muslims).

In some copies: "Except upon free Muslims." Their meaning is the same, which is that zakat is not obligatory except upon a free Muslim with complete ownership. This is the opinion of the majority of scholars, and we know of no disagreement regarding it except from Ata' and Abu Thawr, for they both said: The slave owes zakat on his wealth. Our argument is that the slave does not have complete ownership, so zakat is not incumbent upon him, like the mukatab (an indentured slave). As for the disbeliever, there is no disagreement that zakat is not upon him. When any of these individuals becomes of those upon whom zakat is due, and he is the owner of the nisab, he starts a new year and then pays zakat on it. As for the free Muslim, if he possesses a nisab that is free from debt, zakat is due upon him at the completion of his year, whether he is an adult or a child, sane or insane.

416 - Issue: He said: (And the guardian of the child and the insane person shall pay on their behalf).

The sum of this is that zakat is obligatory on the wealth of the child and the insane person, due to the presence of the three conditions in them. This was narrated from Umar, Ali, Ibn Umar, Aisha, al-Hasan ibn Ali, and Jabir (may Allah be pleased with them). This was also the opinion of Jabir ibn Zayd, Ibn Sirin, Ata', Mujahid, Rabi'ah, Malik, al-Hasan ibn Salih, Ibn Abi Layla, al-Shafi'i, al-'Anbari, Ibn 'Uyaynah, Ishaq, Abu Ubayd, and Abu Thawr. It was related from Ibn Mas'ud, al-Thawri, and al-Awza'i that they said: Zakat is obligatory, but it is not disbursed until he reaches puberty.