Intention ©f
trajfick in
property fub-
jefts it to
Xfikat.
here alfo recovery is poflible. And if the acknowledging debtor be
poor,-— that is to fay, i f the Kdzee declare him infblvent,— yet
here alfo the property in queftion is fubject to ZaM t, according to
Haneefa,— he holding that a Kdzee's declaration o f the inibl-
vency of a debtor is not approved: but ImAm Mohammed maintains
that the property in this cafe is not fubjeft to ZaM t,— he holding
a Kdzee's declaration o f a debtor’s insolvency to be approved.-—
Akoo Toofaf agrees with Mohammed relpefting the validity o f a
Kdzee's decree of infelvency; but he, at the fame time, coincides with
Haneefa, that the property o f which the debt conlilts is not, in this
cafe, fubject to ZaMt-
If a perfon purchafe a female Have for the purpofe of traffick, and afterwards
retain her for his own ufe, declaring his intention, no ZaMt
• is due upon her, becaufe the intention is here connected with the aft,
namely, therelinquilhment of traffick in her; and an intention thus
declared, when connefted with an aft, is to be credited:— and if he
Ihould afterwards declare a defign of-, trafficking in her, yet no ZaMt
will be due upon her in virtue o f fuch declaration, until he aftually
difpofe of her by fale, becaufe here the intention is not connefted
with the aft, and confequently ffie is not held to be a dubjeft of
traffick from his declaration, unlefs he aftually fell her, when Zakai
is due upon her price.
Xf a perfon purchafe a thing with an intention of traffick, it is to
■ be conlidered as an article of traffick, on account of the conneftion of
an intention of traffick with the aft, to wit, purchafe: contrary to a
cafe where a perfon obtains poffeffion of property by inheritance, and
intends to traffick in the fame, .fuch not being confidered an article of
traffick merely from the intention, fince that, in this cafe, bears no
-relation to the aft *,
* That is, to the means by which fuch property was .acquired.
6 If
If a man become pofleffed o f property by 'g ift, or bequefl, or marriage,
or Khoola, or compqfition fo r blood, and intend trafficking in the
fame, it becomes (and is, in virtue of his intention, conlidered as) an
article of merchandize,— according to Aboo Toofaf,— he holding the
intention here to be connefted with the a£l. It is related as an opinion
oilmam Mohammed that this property does not become as merchandize,
becaufe the intention is not here connefted with the acl of
traffick, which is underftood only by purchafe and fa le : feme, however,
have related this difference o f opinion the reverfe of what is here
mentioned.
T h e payment of ZaMt Is not lawful, except under an intention
exiffing at the period of fuch payment, or at the period o f fetting.
apart the proportion of ZaM t from the Nifab-property, becaufe the
rendering of ZaM t is an aft of piety, to which the intention iseflen-
tia l; and a radical principle of the intention is that it be connefted
with the payment: but yet, inafmuch as the giving of ZaM t to the
poor is neceflarily an aft o f frequent repetition and occurrence, it
fuffices that the intention exift at the period of fetting apart the proportion
of ZaM t, (as aforefaid,) for the fake of convenience.
If a man bellow his whole property in charity, without intention of
ZaM t, the obligation of ZaM t, with relpeft to him, drops, upon a principle
of benevolence, becaufe fuch obligation extends to a certain part
of his property only; and where the whole is thus bellowed, that part
is neceflarily included; whence it is that there is no neceffity for his
Ipecifying the lame by intention.
If a man give to the poor a portion of his Nifdb -property, without
intention of ZaM t, his obligation to ZaM t drops with relpeft to luch
portion, (according to Mohammed,') becaufe the part of his property due
C (on
Intention o f
Z.akat, in the
payment, ne-
ceflary to its
validity;
Excepting
under certain
circum-
ftances.