der to the proprietor. It is by fome commentators termed the indifpehfable
alms.
Chap. I. Introdudlory.
Chap. II. O f Zakdt from Sowdyeem, that is, Herds and Flocks..
Chap. III. O f Zakdt from perlbnal Effedts..
Chap. IV. O f the Laws refpedting thofe who come'Before the.
Colledtor.
Chap. V . O f Mines, and buried Treafures.
Chap. VI. O f Zakdt from the Fruits of the Earth.
Chap. VII. O f the Dilburfement of Zakat.
Chap. VIII. O f Sadka-fittir..
C H A P. I.
Obligation o f Z a k a t is an ordinance of God, incumbent upon every perfon
Zakdt, and . i n /r /r* i J *■
the condi- who is free, lane, adult, and a Munmman, provided he be poflefled,
which iu°in- m full propriety, of fuch eftate or effects as are termed in the language
cumbent. 0f the law a Nifab, and that he has been in poffeffion of the fame
for the fpace o f one complete year,, which is denominated Hawlan-
Haivl• T h e reafon of this obligation is found in the word of God,,
who has ordained it in the K o r a n ^.faying, “ B e s t o w Z a k a t . ”
The fame injunction occurs in the traditions; and it is, moreover
univerfally admitted.. The reafon for freedom, being a requifite
condition is, that this is effential to the complete poffeffion of property.
T h e reafon why fanity o f intelleB and maturity o f age are requi-
lite conditions ffiall be hereafter demonftrated. The reafon why the
Muffulman faith is made a condition'is, that the rendering of Zakat is
an aft of piety, and fuch cannot proceed from an infidel. T h e reafon
for
for the pofleffion of a Nifab being a condition is, that the Prophet
has determined the obligation of Zakat upon that amount. The
reafons for Hawlan-Hdw! being made a requifite condition are twofold;
f ir s t , becaufe fome .fpace of time is neceffary 'to increafe * of
property, and. the law determines this at one year, becaufe the Prophet
has, declared, “ Z a k a t - is not due upon property until the fame Jhall have
st be'en pojfejfcd one year by; the proprietor C1—- secondly, the proprietor
of a Nifab is able, within fuch a period, to obtain an increafe
from it, fince in a . year there are four feafons, in each o f which
it moft-commonly happens that fuoh property bears a different price;
wherefore the rule is determined accordingly. It is to be obferved,
that fome maintain Zakat to be due immediately upon the completion
of Hawldn-Hawl, and others that it is fo through life-)-.
Z akat is not incumbent upon infants or maniacs.— Shcfe'i Zakat is not
declares Zakat to be an obligation connected with property, and there- jants nor from
fore that it-is incumbent upon thofe, as well as upon other proprietors, man,aa'
in the fame manner as fubfiftence to a wife, and Tythe and tribute:
but to this our doctors reply that Zakat is an aft of piety, and, as
fuch, is fulfilled only by being paid with the option of thofe who are
fubjedt to it; and infants and maniacs are not held in law to be
poflefled of option, this being neceflarily connected with reafon, which
they are not endowed with; but this does not apply to Tribute, as
that is a provifion arifing from the foil, for the expences of the ftate;
nor to ly th e, as that is alfo in fome fhape of the lame nature.
* B y increafe is here underftood that obtained by breedings where the Nifab confifls
of cattle, or by profit^ where it confifts of merchandife.
t That is to fay, annually, upon the fame property, fo long as it remains with thé
proprietor.