The obligation of one who sets aside the right of the poor from his wealth before delivering it to them
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A man has wealth subject to zakah, and when the lunar year of possession has passed, he sets aside the right of the poor from his wealth. Then, before he delivers it to them, what is obligatory for him?
It is obligatory for him to guarantee it; because the poor have not taken ownership of what he has set aside. For this reason, if he sets aside the zakah—for example, if he has forty sheep and sets aside one sheep for the zakah—and then he decides to give another one instead, there is no harm; because it is his property. So, if that sheep perishes, it is obligatory for him to give the zakah as another sheep.
It is obligatory for him to guarantee it; because the poor have not taken ownership of what he has set aside. For this reason, if he sets aside the zakah—for example, if he has forty sheep and sets aside one sheep for the zakah—and then he decides to give another one instead, there is no harm; because it is his property. So, if that sheep perishes, it is obligatory for him to give the zakah as another sheep.
