I pray an obligatory or voluntary prayer." If he says: "This is the Zakat of my absent wealth if it is safe, otherwise it is the Zakat of my present wealth," it suffices him regarding whichever of them is safe. If both are safe, it suffices for one of them, because specification is not a condition. If he says: "The Zakat of my absent wealth," and speaks generally, then it turns out to be destroyed, he may not divert it to the Zakat of someone else, because he specified it. This is similar to if he emancipated a slave for a specific expiation and it did not apply to it; he would not be able to divert it to another expiation. This elaboration applies when the absence is such that it does not prevent the payment of its Zakat in the land of the wealth owner, either due to its proximity, or because the land does not have beneficiaries of Zakat, or according to the narration that permits its payment in a land far from the land of the wealth.

If he has a deceased absent heir and says: "If my predecessor has died, then this is the Zakat of his wealth which I inherited from him," and it turns out he is dead, what he paid does not suffice him, because he is building upon a non-basis, just as if he said on the night of doubt: "If tomorrow is from Ramadan, it is my obligation, and if it is not, then it is voluntary."

423- Issue: He said: "Unless the Imam takes it from him by force."

According to the implication of Al-Khiraqi's statement, whenever a person pays his Zakat voluntarily, it does not suffice him except with an intention, whether he pays it to the Imam or someone else. If the Imam takes it from him by force, it suffices without an intention, because the inability to have an intention in his regard lifts the obligation from him, like the minor and the insane person. Al-Qadi said: Whenever the Imam takes it, it suffices without an intention, whether he takes it voluntarily or by force. This is the opinion of Al-Shafi'i, because the taking by the Imam is equivalent to the division between partners, so it does not require an intention. Also, because the Imam has authority in taking it, which is why he takes it from the one who refuses, by consensus. If it did not suffice him, he would not take it, or he would take it a second and third time until his wealth was exhausted. For if taking it were for the purpose of it sufficing, then sufficiency does not occur without intention, and if it were for its obligation, then the obligation remains after taking it.