Zakah on partners in mixed flocks of sheep
Machine translationRead the Arabic original
Fatwa number ( 17370 )
Q: The first issue: We had three friends who are not brothers; they partnered in sheep, with each one having about 20 heads. They gathered them together by agreement, they sleep in one pen, they have one shepherd, and they are equal in everything. However, an individual’s share of this livestock did not
reach the nisab for zakah in the case of division. So, is zakah obligatory on these partners in the mixed flocks of sheep given that one person’s share is not enough for zakah, but it is enough in the case of mixing? The second issue: Exactly like the first case, except that the partnership here this time is between a husband, his wife, and their son. They are partners in the livestock, and the share of any one of them does not reach the nisab. So, how is zakah taken from them in this case? I ask for an answer to these two issues.
A: The mixing mentioned in the question makes zakah obligatory on these sheep if they reach a nisab in total, and if they are grazing for the entire lunar year or most of it. Each person owes zakah according to his share of the sheep, relative to the total. For example, if one person has one sheep and another has thirty-nine sheep, the first owes a quarter of a tenth of a sheep, and the rest is on the other. This is based on the saying of the Prophet (peace and blessings be upon him):Muwatta Malik 17:25 It was narrated by al-Bukhari in his (Sahih) from the hadith of Anas (may Allah be pleased with him). And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: The first issue: We had three friends who are not brothers; they partnered in sheep, with each one having about 20 heads. They gathered them together by agreement, they sleep in one pen, they have one shepherd, and they are equal in everything. However, an individual’s share of this livestock did not
reach the nisab for zakah in the case of division. So, is zakah obligatory on these partners in the mixed flocks of sheep given that one person’s share is not enough for zakah, but it is enough in the case of mixing? The second issue: Exactly like the first case, except that the partnership here this time is between a husband, his wife, and their son. They are partners in the livestock, and the share of any one of them does not reach the nisab. So, how is zakah taken from them in this case? I ask for an answer to these two issues.
A: The mixing mentioned in the question makes zakah obligatory on these sheep if they reach a nisab in total, and if they are grazing for the entire lunar year or most of it. Each person owes zakah according to his share of the sheep, relative to the total. For example, if one person has one sheep and another has thirty-nine sheep, the first owes a quarter of a tenth of a sheep, and the rest is on the other. This is based on the saying of the Prophet (peace and blessings be upon him):
Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat. Whatever belongs to two associates is settled between them proportionately.
لا يجمع بين مفترق، ولا يفرق بين مجتمع خشية الصدقة، وما كان خليطين فإنهما يتراجعان بينهما بالسوية
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.