' ' PTO&JI;' '"a /• f ' - '^W ,-:' ■• ' %M$8Ê
24 Z A K A T . ' Book I,
portionable deftroyed, in the fame manner as where the whole Nifdb is deftroyed ;
exemption. w j1 jc j1 c a f e whole Zakat drops.
Zaiat m^f I f the proprietor of a Nifdb Ihould pay the Zakdt upon, it, beadvance!"
1 fore Hawldn Hdwl, it is lawful, becaufe he has here paid it during
the exiftence of the creative principle of obligation to Zakat, which
is underftood in his pofleflion of a Nifdb-, this payment, therefore, is
approved, the fame as a difcharge o f a debt, under the exiftence of
its caufe ; as where a Mohrim, for inftance, pays expiation for wounding
game whilft the animal is yet alive. This dodtrine is controverted
by Malik.
If the proprietor of a Angle Nifab fliould, before Hawldn Hdwl,
•make payment of Zakat upon the fame, for a certain number of years
in advance, or fliould pay a Zakat, upon a certain number of ad-
■ ditional IVz/a&r, it is approved, becaufe the firft -Nifdb is the original
with relpedt to the caufe of the obligation of Zakdt, and any thing
beyond that is as a defendant.
C H A P . III.
O f Z a k a t from Perfonal Effects.
S E C T . I.
O f the Z a k a t o f Silver.
No Zakat No Zakdt is due on lefs than two hundred Dirms*, becaufe the
prophet has ordained that there fliall be no Zdkat upon fewer than
dirm. gye Jhvkiyat-f, and an Awkiyat is valued at forty Dirms.
* A filver coin, value about two pence flerling.
f An ounce of filver; or a filver coin of that weight, value between fix and feven
lhillings*
*1' HE
C hap. III. Z A K A T . 25
T h e Zakdt Nifdb o f filver is two hundred Dirms : and if a man and upon 200
become polfeffed of two hundred Dirms, and the Hawldn-Havd be ?wo and an
completed, the Zakdt due upon it is five Dirms, becaufe the pro- percent,
phet wrote to Maa%, faying, “ Upon two hundred D irms take a
“ Z a k a t o f five D irms ; and upon twenty M isk a lS o f gold, h a f a
“ Misk a l .” —-
No Zakdt is due upon any excefs above the two hundred Dirms, and at the
till fuch excels amount to fo r ty , upon which the Z a k a t is one upon every
Dirtn: and upon every fucceeding forty the lame Zakdt\is due, but
not on fewer than forty.' This is.according to Haneefa. T h e 'tw o
difciples have faid that a proportionate Zakdt -is due on whatever
excefs may occur over and above two hundred Dirms ; and Shcfe'i
coincides in this opinion, becaufe in the traditions of Alee it is related
that thé prophet has fo ordained i t ; and alfo, becaufe Zakdt is
rendered as a return of gratitude for the bleflings o f Providence; and
the reafon why it is exprefled as a condition, in the beginning of this
book-, that the property, in order to caufe an obligation of Zakdt,
amount to a Nifdb, is that the proprietor may thence appear to be in
eafy circumftances'; but where, from his being polfefled of a Nifdb,
this appears to be already the cafe, it is not requifite that any excels
amount to a Nifdb; and hence Z akdt is idue upon liich excefs pro-
portionably, whatever its amount may: be.
O bjection.— This would lead to a conclufion that, in the Zakat
of cattle,'the fame is due upon any excefs under a Nifdb-, whereas
the rule isiotherwife, no Zakdt whatever being due upon fuch excefs,
fince that is confidered as Afoo, or exempt.
R e p l y .—-Such is the conclufion from analogy ; but the*excefs
in cattle is made Afoo, becaufe, i f a proportionate Zakdt were to be
levied upon it, this would neceffarily induce a copartnerlhip in the
fubjecft, by the proprietor admitting the claimant of Zakdt to a fliare
fo ^ • for inftance, the Zakdt upon twenty-fve camels is one year-
V o i . I. E ' ling