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Z A K A T . Boole I.
Property not
exempted by
an intervening
defett in
property may
be united
with money
or bullion to
form a Nifab:
and alfo filver
with gold.
above, in the fame manner,as that of property forcibly feized, which
is thus eftimated in all cafes.»
If a 'Nifab be complete in the beginning of the year, and alfo at
the end, Zakat does not drop on account of its having been defective
at any time within that period ; becaufe it is difficult to afcertain its
completenefs through the intermediate fpace ; moreover, in the commencement
of the year its completenefs is requifite, in order to the
eftablifhment of the caufe of obligation, and fo alfo at the clofe of
the year, in order to Zakat becoming due ; but it is not fo within the
interval.
T he value of perfcnal effects, or other articles, may be united
with gold or filver; that is to fay, if (for in fiance) the proprietor
fhould have §ffe£ts eftimated at the value of one hundred Dirms, and
alfo one hundred Dirms in money, the value of the effects, as above,
muft be added to the one hundred Dirms, fo as that the whole may
make one Nifab ; and Zakat is due thereon, becaufe the obligation to
Zakat, in fuch property, is occafio'ned by the circumftance of its
being kept-with a view to traffick, although the fhape in which it is
fo kept be different with refpeft to each of the two defcriptions of it,
traffick in chattels being efiablifhed by the a£t of the individual, but
that in money by the conftrudtion of the law.
Gold and filver may in the fame manner be united, both being in
effeft of one nature, as ftandards of eftimation, and the poffeffion of
each equally caufing the obligation to Zakdt.
Gold and filver may be united, according to Naneefa, in refpedt
to their value*% but, according to the two difciples, in refpect to their
* That is to fay, may be both refolved into one Nifab, not by the refpeflive weight of
each) but by a general valuation of both.
Hi and the confequence of this difference of opinion is, that i f a
man were poffeffed (for inflance) of one hundred Dirms in filver, and
fivtMifkals of gold (the, value o f which would amount to one hundred
Dirms) this perfon would be fubject to Zakdt, according to Haneeja,
but not fo according to the difciples; for thefe latter fay that, in
afcertaining the Zakdt of gold and filver, regard is to be had to the
quantity only, and not to the^W** ; whence it is that Zakat is not
due upon a veffel of filver, where the weight is fhort of two hundred
Dirms, although the value fhould be to that amount, or beyond i t :
A b o oH a n eefa , on the other hand, contends' that gold and filver are
united with each other on account of their homogeneity, which is
eftablifhed between them in refpeft to their value, but not in refpeft
to their fubfiance.
C H A P . IVO
f the L a w s refpedting thofe who come before the Collector.
I f a perfon come with his property* before the colle&or and fay, Declarations
“ It is fo many months fince this property has come into my pof- property,
“ feffion, and a year has not yet elapfed;” or, “ I am indebted fo
“ and fo,” and make oath of the fame, the collector is to credit him, be credited:
and muft not exaft any thing, becaufe this perfon ftands.as a defendant
denying his obligation to Z a kd t; and the declaration o f a
defendant, when fupported by his oath, muft be credited. So alfo,
if a perfon were to declare that he had already paid the Zakat
fuch property to a former collector, his declaration muft be credited,
becaufe the collector, in taking Zakdt, a£ts merely as a Trufiee, and
* Meaning merchandize, but not cattle ; and the word bears the fame fenfe throughout
this chapter.
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