ling c o lt ; now, i f Zakdt were due upon excefs camels, and the
drove conlift of tnuenty-Jix there would be a Z. aka t upon this one
excefs camel of the twenty-fifth part of a yearling colt, which is not
payable in any way than by admitting the claimant to a partnerlhip
in fuch c o lt ; and this partnerfhip, being compulfve, is illegal; but
plate or cajh not being liable to the fame objection, a Zakdt is due,
proportionably, upon any excefs whatever over two hundred Dirms.
Rules refpeft-
ing the calculation
of a
Nifab of
ftlver.
I t is to be obferved that the Nifab of filver of two hundred Dirms
is calculated by the Wa%n-febbdyat, or feptimal weight (which is in
the proportion o f ten Dirms to feven Mi/kals) , as this was the weight
ufed in the tribunal of Omar, and that of the Dirm is thence
eftablilhed.
T h o s e Dirms in which filver predominates are to be accounted as
filver; and the laws refpedling filver apply to them, although they
Ihould contain fome alloy; and the fame rule holds with all articles
whatever falling under the denomination of plate, fuch as cups,
goblets, and fo forth ; but Dirms, in which the alloy predominates,
are not to be accounted as fiv e r , but only as trading property, eftimable
by its real value, to which alone regard is to be had ; and accordingly,
i f the value of them‘amount to a Nifab, they are fubjeft to Zakdt,
provided there be an intention of trafficking in them; as is the
condition with refpedt to all other chattels. In all plate, therefore,
in which the aUoy prevails, refpedt is to be had to the intention of
trafficking in it, excepting where the filver contained in it amounts
to a Nifab, in which cafe the intention of trade is not a condition,
. nor is any regard paid to the eflimated value, becaufe in actual filver
no refpect is had to either of thefe. T h e above cafe is thus ftated;
becaufe money always contains a fmall portion of alloy, as pure filver
is unfit for coinage, fince, without being hardened by an addition of
fome bafer metal, it cannot retain, the mint impreffion; but the alloy
7 is
■
is generally in the fmaller proportion; regard therefore is had to excefs;
that is to fay, if the proportion offiv e r be the greater it is accounted
as filver,. but not if the alloy be in greater proportion, (that is, m a
proportion above a moiety of the whole weight.)
S E C T . II.
O f the Z A k a T o f Gold.
T h e r e is no Zakdt on fewer than twenty Mi/kals of gold, this NoZ^due
fum being the fmalleft that conflitutes a Nifdb in that metal; and the .
Zakdt upon twenty Mi/kals of gold is one half Mi/kal, when the at £^e rate 0£
Hawldn-Hdwl therein becomes eftablifhed, on the authority of the
tradition before quoted.— By the Mi/kal* here mentioned, is to be
underftood that which weighs in the proportion of feven Mi/kals to
ten Dirms ; and the Mi/kal confifts of twenty Kerdt +, and the Kerdt
of five grains.
W h e n the quantity of gold exceeds twenty Mi/kals, on every and at the
four Mi/kals of fuch excefs a Zakdt of two Kerdts is due, becaufe the upon every
Zakdt due is a fortieth of the whole, and two Kerdts are the fortieth
of four Mi/kals; and upon any excefs Ihort o f four Mi/kals no Zakdt
is due, according to Daneefa. T h e two difciples hold that on every
excels there is a proportionable Zakdt, the lame as mentioned in the
preceding feftion ; and the foundation of their difference in opinion is.
alfo the fame here as was there recited, to wit, Daneefa holds that
broken numbers are free of impoft, whereas the two difciples maintain
the contrary opinion. T h e ground upon which Haneefa proceeds,'
in the rule here recited, is th is: the legal value of a Deenar is ten
Dirms, ' and a Deenar and M /kal are of the fame we igh t; the value
of four Mi/kals in gold is therefore/ir/y Dirms ; and confequently no
* A dram and- a half: alfo a coin of that weight.
f A Carat j the twenty-fourth part of an ounce.
E 2 Zakdt