Hadith 22488

Yahya said that Malik said, concerning two associates, "If theyshare one herdsman, one male animal, one pasture and one wateringplace then the two men are associates, as long as each one of themknows his own property from that of his companion If someone cannottell his property apart from that of his fellow, he is not anassociate, but rather, a co-owner "Malik said, "It is notobligatory for both associates to pay zakat unless both of them have azakatable amount (of livestock). If, for instance, one of theassociates has forty or more sheep and goats and the other has lessthan forty sheep and goats, then the one who has forty has to payzakat and the one who has less does not. If both of them have azakatable amount (of livestock) then both of them are assessedtogether (i.e the flock is assessed as one) and both of them have topay zakat. If one of them has a thousand sheep, or less, that he hasto pay zakat on, and the other has forty, or more, then they areassociates, and each one pays his contribution according to the numberof animals he has - so much from the one with a thousand, and so muchfrom the one with forty.Malik said, "Two associates incamels are the same as two associates in sheep and goats, and, for thepurposes of zakat, are assessed together if each one of them has azakatable amount (of camels). That is because the Messenger of Allah,may Allah bless him and grant him peace, said, 'There is no zakat onless than five head of camels,' and Umar ibn al-Khattab said, 'Ongrazing sheep and goats, if they come to forty or more - one ewe.' "Yahya said that Malik said, "This is what I like most out ofwhat I have heard about the matter."Malik said that whenUmar ibn al-Khattab said, "Those separated should not be gatheredtogether nor should those gathered together be separated in order toavoid paying zakat," what he meant was the owners of livestock.Malik said, "What he meant when he said, 'Those separated shouldnot be gathered together' is, for instance, that there is a group ofthree men, each of whom has forty sheep and goats, and each of whomthus has to pay zakat. Then, when the zakat collector is on his way,they gather their flocks together so that they only owe one ewebetween them. This they are forbidden to do. What he meant when hesaid, 'nor should those gathered together be separated,' is, forinstance, that there are two associates, each one of whom has ahundred and one sheep and goats, and each of whom must therefore paythree ewes. Then, when the zakat collector is on his way, they splitup their flocks so that they only have to pay one ewe each. This theyare forbidden to do. And so it is said, 'Those separated should not begathered together nor should those gathered together be separated inorder to avoid paying zakat.' "Malik said, "This is what Ihave heard about the matter."