Exception.
Not incumbent
on behalf
of (laves
kept as articles
of
traffick.
Nor on behalf
of a partner-
fhip Have..
lodging, which are termed Rawdtib [neceflaries,] any thing beyond
which he is not accountable for.— And, in the fame manner, it is not
incumbent upon a man to dilburfe the Sadka-jittir for his children,
being adults, although thefe form a part of his family, becaufe he is
not inverted with any authority o f guardianfhip over them.— But
yet if a man were to dilburfe the Sadka-jittir on behalf of his
wife or adult children, without their defire, it is lawful, on a
principle of benevolence, their confent being by cuftom under-
rtood.
It is not incumbent upon men to pay the Sadka-jittir for their
Mokdtibs; neither is it incumbent on a Mokdtib to pay it on his own
account, fuch an one coming under the defcription of a Fakeer.
I t is incumbent on men to pay Sadka-jittir on behalf of their
Modabbirs and Am-Walids, as being inverted with complete authority
over them.
I t is not incumbent upon men to pay Sadka-jittir on behalf of
their male and female Haves defigned for fale as merchandize. Shafei
alledges that the Sadka-jittir is obligatory upon fuch Haves, and that
the proprietor is to pay it for them; and that the Zakat upon them is
due from the proprietor. In fhort, Shafei holds that Sadka-jittir is due
from the Have, and Zakat from their proprietor, on two diftind and
feparateaccounts; and confequently, that this does not induce the idea
of a repetition o f Sadka upon one and the fame property: but with
our. dodors the obligation to Sadka-fittir, on behalf of Haves, is
held to reft upon their owner, the fame as Zakat; and confequently,
i f the payment of the former were incumbent, it would admit
the idea of two Sadkas upon one property within the year, which
is illegal.
N o Sadkiz-jittir is incumbent upon any of the proprietors on account
of a partnerlhip Have, becaufe none of them, individually, is
4 inverted
inverted with complete authority over him, nor obliged to furnilh his
entire provifion. And, in the fame manner, no Sadka-fittir . is incumbent
upon any of the proprietors, on account of two or more
partnerlhip Haves, according to Haneefa.— The two difciples havefaid
that, in this cafe, Sadka-fittir is incumbent upon the proprietors; but
in fuch a degree only, with refped to their lhares, as may amount to
a complete Have or Haves, and not to any fradional part or portion of
them: for inftance, i f there were five Haves held in partnerlhip by
two men, each partner would have to pay Sadka-fittir for two Haves, "
and not for two and a half.— Some, however, have faid that the two
difciples agree with Haneefa in their dodrine upon this point, becaufe
the lhare of each partner, individually, cannot be coUeded into any particular
Have or Haves, until a partition take place of the partnerlhip
Hock, “and confequently none of them appertains to either partner in
particular. /
I t is Incumbent upon Mujfuhnans to pay the Sadka-fittir for their incumbent^
infidel Haves, on the authority of the tradition o f Salba-Adwee, already infidel (laves:
quoted, becaufe there the term flaves is ufed generally, and is not
reftridively applied to Mujfulman flaves: moreover, in the traditions
of Abbas, it appears that the prophet faid “ Render Sad k a - f i t t ir
“ on behalf o f every freeman, and alfo o f every Jlave, be that Jlave a
“ C hr ist ian , a Jew, or a P a-g an and further,, it is incumbent,
becaufe the occafion of the obligation is here eftablilhed, and the proprietor
[of the Have] is capable o f taking upon him the refponfibility
for fuch obligation. Shqfe'i maintains that, in this inftance,- no Sadka-
fittir is due, becaufe the obligation to Sadka-fittir refts upon a Have
himfelf, and not upon his owner-; and the former (in the cafe here
fuppofed) is incapable of fuch obligation, as being an infidel.
If the Have be a Mujfulman, and his mailer an infidel, in this cafe but not on
no Sadka-fittir whatever is du'e for fuch Have, according to all the flave'the^ro
dodors ; according to our dodors, evidently* becaufe they hold the petty of m
° j j in fid e l*
VOL. I. K obligation