Subftitution
o f the value
lawful.
Labouring
eattle exempt
from Zakdt,
accept of an animal o f an inferior fort, and the difference in money,
infomuch that i f the proprietor merely give no objlruiiion to the
officer, in thus taking the animal and the difference, he (the officer)
is confidered as being feized of the fame; becaufe here the tranfa&ion
does not bear the afpeft o f purchafe and fate, as the proprietor pays
the inferior animal in part of the Mifna, and confequently the difference
along with it.
I f a proprietor, in Zakdt, fhould, in lieu o f the adlual thing due,
pay the value in money, it is approved, according to our doctors ;
and the fame holds good in expiation, or in the payment of Sadka-fittir,
or fyth e, or the fulfilment o f avow. S h a ft maintains that this is
unlawful, becaufe it is not lawful to exchange, for a fubftitute,
any thing fpecified in the facred writings ; as in facrifice (for inftance)
where a fubftitution of value for the viEtirn is illegal. The argument
o f our dodtors is, that God has himfelf ordained Zakdt, and has di-
redted the fame to be diftributed in alms to the poor, which plainly
indicates that the intent of the inftitution is merely that the poor
fhould derive a fubfiftenee from it, fo as that their wants maybe thereby
relieved ; and to effedt this the value will anfwer equally well, with
the fpecific animal, wherefore the fubftitution o f the value in payment
of Z a k d tis legal, the fame as in payment of Jazzeeyat, or capitation-
taxc but this reafo'ning does not ’apply to facrifice, as that is an adi
of piety,' to the fulfilment o f which the fhedding o f the blood of the
vittim is efl'ential, wherefore no conclufion can be drawn from this,
inftance, as there is no analogy "bet ween the two cafes.
C amels and oxen kept for the purpofe of labour, fuch as carrying
burthens, drawing the. plough, and fo forth, are not fubjedl to'
Zakdt; neither is any Zakdt due upon them where they are fed one
half of the year or more upon forage. Mdlik controverts this doctrine
:
C h a r . IItrine
: but the arguments of our doctors herein are threefold ; F i r s t ,
the prophet has exprefsly- ordained that thefe two fpecies of cattle
fhould be exempted from Zakdt under fuch circumftances ; S e c o n d l y ,.
the caufe of the obligation of Z akdt confifts in the pojfejfion o f in-
creajing property, and the increafe of cattle can be conceived only
under two circumftances,' that is, their being either kept in paftureS^,
or for the purpofe of traffick, neither of which is the cafe with the
cattle now under confideration ; T h i r d l y , in cafes where the cattle,
are fed upon forage, the keeping of them is attended with great expence,
a cireumftance which more than counterbalances any advantage
to be derived from their breeding in fuch a fituation, and
therefore virtually prevents increafe, although it may not aEtually
do fo.
T h e officer, in collecting Zakdt, is hot at liberty either to infill
upon the bejl or to accept of the worft fort of the property collected
upon, but mull take what is of a medium ftandard, becaufe the prophet
has fo ordained i t ; and alfo,. becaufe, in confining the Zakdt to
property of a medium value, regard is had at once to the intereft of
both the parties concerned, to wit, the poor and the proprietor.
W h o e v e r is pofTefled of a Nifdb property, and obtains an'addition
of the fame fort or fpecies within the year, muft add it to the
Nifdb, and pay Zakdt upon the Whole. Shcfe'i' objects .to this, main- .
taining that the fupervenient acquifition fhould not be added to the
firft Nifdb, becaufe the property of which that confifts is original and
independent with refpeCt to propriety, and is therefore fo with, refpeft
to Zakdt like wife : contrary to. acquifition by breed or profit obtained
within the year, that being a dependant only of the original property,
* Meaning, that where the cattle are fuffered to go at large, as in paftures, the males
have free accefs to the females, which produces breed.
D 2 and,
h/fu ft be paid
in animals o f
a medium
value.
Law refpeft-
ing property
acquired in
the interim
between the
payments.