Hadith 22523

Yahya related to me from Malik from Humayd ibn Qays al-Makki fromTawus al Yamani that from thirty cows, Muadh ibn Jabal took one cow inits second year, and from forty cows, one cow in its third or fourthyear, and when less than that (i.e. thirty cows) was brought to him herefused to take anything from it. He said, "I have not heard anythingabout it from the Messenger of Allah, may Allah bless him and granthim peace. When I meet him, I will ask him." But the Messenger ofAllah, may Allah bless him and grant him peace, died before Muadh ibnJabal returned.Yahya said that Malik said, "The best that Ihave heard about some one who has sheep or goats with two or moreshepherds in different places is that they are added together and theowner then pays the zakat on them. This is the same situation as a manwho has gold and silver scattered in the hands of various people. Hemust add it all u p and pay whatever zakat there is to pay on the sumtotal."Yahya said that Malik said, about a man who had bothsheep and goats, that they were added up together for the zakat to beassessed, and if between them they came to a number on which zakat wasdue, he paid zakat on them. Malik added, "They are all considered assheep, and in Umar ibn al-Khattab's book it says, 'On grazing sheepand goats, if they come to forty or more, one ewe.' "Maliksaid, "If there are more sheep than goats and their owner only has topay one ewe, the zakat collector takes the ewe from the sheep. Ifthere are more goats than sheep, he takes it from the goats. If thereis an equal number of sheep and goats, he takes the ewe from whicheverkind he wishes."Yahya said that Malik said, "Similarly,Arabian camels and Bactrian camels are added up together in order toassess the zakat that the owner has to pay. They are all considered ascamels. If there are more Arabian camels than Bactrians and the owneronly has to pay one camel, the zakat collector takes it from theArabian ones. If, however, there are more Bactrian camels he takes itfrom those. If there is an equal number of both, he takes the camelfrom whichever kind he wishes."Malik said, "Similarly, cowsand water buffaloes are added up together and are all considered ascattle. If there are more cows than water buffalo and the owner onlyhas to pay one cow, the zakat collector takes it from the cows. Ifthere are more water buffalo, he takes it from them. If there is anequal number of both, he takes the cow from whichever kind he wishes.So if zakat is necessary, it is assessed taking both kinds as onegroup."Yahya said that Malik said, "No zakat is due fromanyone who comes into possession of livestock, whether camels orcattle or sheep and goats, until a year has elapsed over them from theday he acquired them, unless he already had in his possession a nisabof livestock. (The nisab is the minimum amount on which zakat has tobe paid, either five head of camels, or thirty cattle, or forty sheepand goats). If he already had five head of camels, or thirty cattle,or forty sheep and goats, and he then acquired additional camels, orcattle, or sheep and goats, either by trade, or gift, or inheritance,he must pay zakat on them when he pays the zakat on the livestock healready has, even if a year has not elapsed over the acquisition. Andeven if the additional livestock that he acquired has had zakat takenfrom it the day before he bought it, or the day before he inheritedit, he must still pay the zakat on it when he pays the zakat on thelivestock he already has "Yahya said that Malik said, "Thisis the same situation as some one who has some silver on which he paysthe zakat and then uses to buy some goods with from somebody else. Hethen has to pay zakat on those goods when he sells them. It could bethat one man will have to pay zakat on them one day, and by thefollowing day the other man will also have to pay."Maliksaid, in the case of a man who had sheep and goats which did not reachthe zakatable amount, and who then bought or inherited an additionalnumber of sheep and goats well above the zakatable amount, that he didnot have to pay zakat on all his sheep and goats until a year hadelapsed over them from the day he acquired the new animals, whether hebought them or inherited them.This was because none of the livestockthat a man had, whether it be camels, or cattle, or sheep and goats,was counted as a nisab until there was enough of any one kind for himto have to pay zakat on it. This was the nisab which is used forassessing the zakat on what the owner had additionally acquired,whether it were a large or small amount of livestock.Maliksaid, "If a man has enough camels, or cattle, or sheep and goats, forhim to have to pay zakat on each kind, and then he acquires anothercamel, or cow, or sheep, or goat, it must be included with the rest ofhis animals when he pays zakat on them "Yahya said thatMalik said, "This is what I like most out of what I heard about thematter."Malik said, in the case of a man who does not havethe animal required of him for the zakat, "If it is a two-year-oldshe-camel that he does not have, a three-year-old male camel is takeninstead. If it is a three- or four- or five-year-old she-camel that hedoes not have, then he must buy the required animal so that he givesthe collector what is due. I do not like it if the owner gives thecollector the equivalent value."Malik said, about camelsused for carrying water, and cattle used for working water-wheels orploughing, "In my opinion such animals are included when assessingzakat."