with certain
exceptions ;
nor from
Mokdtibs;
nor from in-
folvent debtors
:
If a lunatic have lucid intervals within' the year, it is the fame a?
if they happened within the month of Ramzan; that is to fay, -if he
recovers his reafon within the year, he is fubjedt to Zakdt, in the'fame
manner as .if he were to recover it within-the month of Ramzan, in-
which cafe he would have to make up .for the days of Lent ‘he had
omitted in confequence of his infanky.— AbooYoofafYc&s. obferved that
regard is to be paid to the length or continuance o f the lucid intervals;
that is to fay", i f they continue the greater part of the year, the lunatic;
is fubjedt to Zakdt; but if he be infane for the greater part, it is
not incumbentupon him. It is to be obferved, that original and fuper-
venient infanity are here confidered as the-fame ; by original is under--
flood that which appears in a perfon in infancy, and continues upon
him as he grows- up to puberty; and by fepervemenf, that which
occurs after a perfon has attained the years of maturity. It is related
as an opinion o f Aboo Yoofaf, that i f a perfon attain maturity in a
flate of infanity, and then becomes fane, the year * is confidered to
commence from the inflant of his recovery, the fame as a boy attaining
puberty, with whom it is regarded as commencing on the day o f
his majority.
Z a k a t is not incumbent upon a MoMtib, he not being completely
and independently poffefled of property,' fince he is flill a;
flave; whence it is that he is not at liberty to emancipate any of his:
dram flaves.
Z akat is not incumbent upon a man againft whom there are
debts equal to, or exceeding, the amount of his whole property.
Imam, Shafei alledges that it is incumbent, hecaufe the caufe o f
the obligation, to vA t, pojjejjion o f an increafng N isab, is eftablifhed.
T o this our dodtors reply, that fuch a Nifdb is not poffefled by him
* For the eftablifhment of Hawlan-Hiiwl in his pofleflions.
clear o f incumbrance, and is therefore held to be non-exiftent, the
fame as water,- 'which, when provided for the foie purpofe of drink*,,
is held to be non-exiftent with refpedt to performance o f the Yanimeem,
and cloth provided for the purpofe of apparel, which is held non-
exiftent with refpedt to the obligation of Zakdt. But if his property
exceed, his debts, Zakat is due upon the excefs, provided the fame
amount to what is fufficient to conflitute a Nifab, and that it be free
from incumbrance. By the debts here mentioned are underftood
thole due to individuals ; fuch therefore as are due in confequence. of
vows, or on account o f expiations, do not forbid the obligation to pay
Z a kd t: but a debt of Zakdt forbids the obligation to pay Zakdt in the
continuance of tbeNfdb^ as that would be thereby rendered defective :
and; in like manner, a debt o f Zakdt forbids Zakdt after the diffolution
of the Nifcib. T h e cafe of the continuance of a Nifabus, where the
proprietor keeps it for two years without rendering any Zakdt upon
it, in which cafe no Zakdt is due from him- on account' of the fecond
year; becaafe a Zakdt, in the proportion of one in forty , is already
due on account of the preceding year, whence the full amount
neceflary to- conflitute a Nifab does not remain in the fecond year r ■
and* the' cafe o f diffolution Of the Nifab is, where the proprietor keeps
the fame for the full fpace o f one year • without paying Zakdt, and
then difpofes o f the Nifdb, and afterwards becomes poffefled o f
another N ifS , and this, alfo continues in his poffeffion for the complete
Ipace of one year.; in which cafe, no Zakat is due upon this-
feCond Nifdb, becaufe a proportion of one in forty is already occupied
by the Zakat due on the former Nifdb which has been difpofed of.
Zijfer controverts the rule in both thole cafes : and it is alfo Laid that
Aboo Yoafaf controverts it with refpedl to the fecond cafe. T h e
reafon why a debt of Zakat thus forbids any further obligation to pay
* As in the caravans* where water is provided and*carried upon camels for drink, but
not for the purpofe of purification^ which- in. that or fimilar filiations is permitted to be performed
with fand.