If he has forty sheep and one gives birth and then one dies, does the lunar year (hawl) break?

The questioner : And if one gives birth and then one dies, the hawl does not break because the number has not decreased. And if some of them are born and then another dies...

The Shaykh : Whether it gave birth or not. You see that "gave birth" is built on the object; it is always built on the object. In the language, there are words that always come in the form of the passive participle.

The questioner : And if one gives birth and then one dies, the hawl does not break because the number has not decreased. But if some of them are born and then another dies before the rest are born, the hawl breaks because the ruling of existence for zakah is not established for them until all of them are born. This needs a little clarification.

The Shaykh : Some of them are born—intention is in the birth, the birth is the delivery. Here, some of them are born and then another dies before the rest are born, so the hawl breaks, because the ruling of existence for zakah is not established for them until all of them are born.

The questioner : Meaning, all of them come out of their mother's womb.

The Shaykh : For example, a sheep gives birth, part of the offspring is visible, and another sheep dies.

The questioner : The hawl is broken.

The Shaykh : The hawl breaks, because their existence is not ruled upon until their birth is complete.

The questioner : Or a person dies with one [sheep] and then dies with one [sheep], becoming forty, so he must pay the zakah.

The Shaykh : Yes.

The questioner : How is it obligatory? This one is not a questioner; she is just content.

The Shaykh : Yes, following their mother. The offspring of the questioner follows her.