I I
and, as fuch, not to be confounded with it. T o this our doctors-
reply, that the reafon for fupervenient acquifition, by brood or profit,;
being added to the Nifdb, is. homogeneity in the fubjeCt of it ;, fince,.
where the original and fupervenient property are o f the fame fpecies*
it is not eafy to difcriminate precifely between them, and confe-*
quently difficult to afcertain the Hawldn-Hawl with refpeCt to any
fpeeies of profitable acquifition arifing from original property ; and,
the HawMn-Hdwl is regarded only'for the fake of convenience, it
therefore appears that homogeneity in the fubjeft is -a fufficient reafon
for the fupervenient acquifition being added to the original property ;
and this reafon exifts hi the prefent cafe.
feil 1
1 1 1 I I
S i
Rules re-
fpe&ing the
Afoo,
T h e two Sheikhs hold Zakdt to be due upon the Nifdb only,- and
not upon the Afoo * ; but Mohammed and Ziffer maintain it to-be due
upon both the Nifdh and the Afoo, that is, upon the whole ; the
refult of which difference in opinion is that, i f the Afoo were to
perifh, and the Nifdb to remain, then, according to-the tw&Sheikhs,
the whole Zakdt that had been before obligatory ftill remains due ;
but, according to Mohammed and Ziffer, an adequate proportion of
Zakdt drops: and, in fupport of this latter opinion, Mohammed and
Ziffer argue that Zakdt is due as an acknowledgment for. the bleffings
of Providence, and the Afoo is a bleffing the fame as the Nifdb ; that
is to fay, they are both.equally bleffings, wherefore Zakdt is equally
due upon both. The argument , upon which the Sheikhs .fupport
their opinion is twofold : F ir s t , the prophet has exprefsly faid
“ 'The Z a kAt upon fiu e camels is one,goat, and Z a k At is not due
“ upon any fu rther number till it amount to ten ;” and in like manner
the prophet has ordained the Zakdt upon every Nifdb, and forbidden
* Afoo literally means exempt. In the Zakdt o f cattle it is ufed to exprefs any intermediate
or odd number between one Nifdb and another, as between twenty-five and thirty-fix
camels for inftance.
7 it
I l f
it upon the Afoo ; Secondly, the Afoo is. a dependant of the Nifab,
whence, if a part of the whole Nifab and Afoo were to perifh, the
lofs would be firfb calculated upon the Afoo, as being the dependant
part ; as in a contraft of Mozdribat, where any accidental lofs is firft
calculated upon the profit, and not upon the capital : and on this
o-round it is that Haneefa accounts the lofs upon the Afoo to the
extent thereof, and beyond that upon the Nifab property of the
firft (or higheft) denomination, and beyond that upon the Nifab
of the next lower denomination, and fo on to the lafi (or loweft)'
denomination of i V ^ ; ‘ becaufe the Nifab of the 'higheft denomination
is the principal, to which all the inferior Nifabs are dependants ;
and, according to Aboo Toofaf, the lofs is calculated firft upon the Afoo,
and beyond that upon, all the degrees or defcriptions of Nifdb collectively.
.
* I f ,the rebels or fchifmatrck'S pvereome'any particular tribe of Muf-
fulmans, wand take from them the Zakdt of their, cattle, when thefe
rebels are driven away, the rightful Jwéw muft not impofe another
Zakdt -upon-that tribe, becaufe it appears from the above circum-
ftance that the Irhdm .has not protected them, and the right of im-
pofing Z.akdt .appertains, to the Imam,, in virtue of the protection he.
affords; . the learned however have decreed, upon this cafe, .that
the tribe in. queftion fhould repeat their Zakdt, and pay it a fécond
time, but not their Tribute, becaufe the latter is declared, in the
facred writings, to be applicable to the ufe of the warriors who fight
their enemies ; and hence rebels may be confidered as an objeCt of its
application, they alfo anfwering this defcription ; whereas the only
objeCt of the application o f Zakdt is the poor, and rebels r do not be-
* This and the next following cafe are merely local in their application, and
allude to the ftate of Arabia, ihortly afte.r the eftablifhment of Jfiamfm. The Schif-
maticks were thole who refufed to fubmit to the law of the Prophet ; whilft others
(like the tribe of Toglib, mentioned in the next cafe,) fubmitted and paid tribute.
flow
Cafe o f Za
hat being levied
by the
Rebels, or
Schifinaticks.