كتاب 17
17
Book 17
(17)
Chapter 17
(17)
باب 17
Muwatta Malik 614
Yahya said that Malik said, concerning two associates, "If they
share one herdsman, one male animal, one pasture and one watering
place then the two men are associates, as long as each one of them
knows his own property from that of his companion If someone cannot
tell his property apart from that of his fellow, he is not an
associate, but rather, a co-owner "
Malik said, "It is not
obligatory for both associates to pay zakat unless both of them have a
zakatable amount (of livestock). If, for instance, one of the
associates has forty or more sheep and goats and the other has less
than forty sheep and goats, then the one who has forty has to pay
zakat and the one who has less does not. If both of them have a
zakatable amount (of livestock) then both of them are assessed
together (i.e the flock is assessed as one) and both of them have to
pay zakat. If one of them has a thousand sheep, or less, that he has
to pay zakat on, and the other has forty, or more, then they are
associates, and each one pays his contribution according to the number
of animals he has - so much from the one with a thousand, and so much
from the one with forty.
Malik said, "Two associates in
camels are the same as two associates in sheep and goats, and, for the
purposes of zakat, are assessed together if each one of them has a
zakatable amount (of camels). That is because the Messenger of Allah,
may Allah bless him and grant him peace, said, 'There is no zakat on
less than five head of camels,' and Umar ibn al-Khattab said, 'On
grazing sheep and goats, if they come to forty or more - one ewe.' "
Yahya said that Malik said, "This is what I like most out of
what I have heard about the matter."
Malik said that when
Umar ibn al-Khattab said, "Those separated should not be gathered
together nor should those gathered together be separated in order to
avoid paying zakat," what he meant was the owners of livestock.
Malik said, "What he meant when he said, 'Those separated should
not be gathered together' is, for instance, that there is a group of
three men, each of whom has forty sheep and goats, and each of whom
thus has to pay zakat. Then, when the zakat collector is on his way
,they gather their flocks together so that they only owe one ewe
between them. This they are forbidden to do. What he meant when he
said, 'nor should those gathered together be separated,' is, for
instance, that there are two associates, each one of whom has a
hundred and one sheep and goats, and each of whom must therefore pay
three ewes. Then, when the zakat collector is on his way, they split
up their flocks so that they only have to pay one ewe each. This they
are forbidden to do. And so it is said, 'Those separated should not be
gathered together nor should those gathered together be separated in
order to avoid paying zakat.' "
Malik said, "This is what I
have heard about the matter."
| Reference | : Muwatta Malik 614 |
| In-book reference | : Book 17, Hadith 34792 |
| USC-MSA web (English) reference | : Book 7, Hadith 614 |
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