Explanation of the author's statement: "And if he owns a nisab of young animals, the lunar year begins when he owns them, and if the nisab decreases during part of the year, or he sells it, or exchanges it for something of a different kind, not to escape from zakah, the year is broken off, and if he exchanges it for something of the same kind, he builds upon its year."
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The Shaykh :"And if he owns a nisab of young animals, the lunar year begins when he owns them" "If he owns a nisab of young animals" What is conceivable in this case?
The questioner : ... .
The Shaykh : In grains? In fruits? In livestock? "If he owns a nisab, the lunar year begins from the time he owns it" For example, if a man buys forty young sheep, when does the lunar year begin? From the time he owns them. But if we suppose that these young animals are fed on milk, having just been born, and are fed on milk, there is no zakah on them. Why? Because they are not grazing, and one of the conditions for the obligation of zakah on livestock is that they must be grazing. These young animals do not graze; they are given milk, so they are not grazing. Therefore, the author's statement "the lunar year begins when he owns them" must be understood with the condition that they are grazing. If they are fed on milk and do not graze, there is no zakah on them. Yes. Now, if it is asked: What is the evidence that the lunar year begins for young livestock? We say: the generality of the evidence.Jami` at-Tirmidhi 621Hasan (Darussalam) And these are certainly sheep. So the evidence is the generality. The Prophet (peace and blessings be upon him) did not distinguish between the young and the old except in one issue, which is grazing. Good.
Then the author said: "And if the nisab decreases during part of the year, the zakah is dropped" He has two hundred dirhams, and during the year, five are stolen from it. Does he owe zakah on the remainder?
The questioner : ... .
The Shaykh : Why? Because the nisab decreased before the completion of the year. What if they are stolen one day after the year?
The questioner : He owes zakah.
The Shaykh : So he owes zakah. He owes zakah on what remains. And if all of it is stolen, its ruling will come to us, if Allah wills, in the chapter on paying out zakah. Good.
He says: "And if the nisab decreases during part of the year, or he sells it, the year is broken off, except in trade goods" If he sells the nisab during the year, the zakah is broken off. For example, a man has forty grazing sheep, including one sheep, but before the completion of the year, he sells it for dirhams. He is not a merchant, but he saw that it was a burden for him in terms of eating, drinking, and care, so he sold it. Does he build upon the dirhams, which are its price, upon their year, or do we say the year is broken off? The year is broken off. He starts a new year with the dirhams, even if he sells them one or two days before the completion of the year, the year is broken off.
The author says: "Or he exchanges it for something of a different kind" And the truth is that exchange is a sale, but since the author (may Allah have mercy on him) said "he sells it or exchanges it" we must consider the sale as being with currency and the exchange as being with goods. So we say: if he sells forty sheep for dirhams, this is a sale. If he exchanges forty sheep for cows, for thirty cows, this is an exchange. Otherwise, the sale is an exchange, as they said in the definition of sale: "It is the exchange of wealth, even if in debt, for its like".
And his statement: "he exchanges it for something of a different kind" If he exchanges it for something of the same kind, the year is not broken off. For example, if a woman sells her gold jewelry for gold, the year is not broken off. Why? Because he exchanged it for something of the same kind. Or if the owner of forty sheep sells his sheep for forty other sheep, what happens to the year? It is not broken off. Why? Because he exchanged it for something of the same kind.
Good. If he exchanges gold for silver, meaning if he has, for example, twenty dinars and during the year he sells them for two hundred dirhams, is the year broken off? We say: the apparent meaning of the author's words is that the year is broken off, because gold is not silver, by the text of the hadith.
The Prophet (peace and blessings be upon him) said:Mishkat al-Masabih 2808 And on this basis, the author's statement is general, even in exchanging gold for silver. The school of thought is that exchanging gold for silver does not break the year, because they are considered of the same kind, as evidenced by the fact that one completes the nisab with the other. But the correct view is that one does not complete the nisab with the other, and that the year is broken off, because they are of two different kinds. Yes.
The questioner : ... .
The Shaykh : In grains? In fruits? In livestock? "If he owns a nisab, the lunar year begins from the time he owns it" For example, if a man buys forty young sheep, when does the lunar year begin? From the time he owns them. But if we suppose that these young animals are fed on milk, having just been born, and are fed on milk, there is no zakah on them. Why? Because they are not grazing, and one of the conditions for the obligation of zakah on livestock is that they must be grazing. These young animals do not graze; they are given milk, so they are not grazing. Therefore, the author's statement "the lunar year begins when he owns them" must be understood with the condition that they are grazing. If they are fed on milk and do not graze, there is no zakah on them. Yes. Now, if it is asked: What is the evidence that the lunar year begins for young livestock? We say: the generality of the evidence.
one sheep (is due) for every forty sheeps
في كل أربعين شاة شاةThen the author said: "And if the nisab decreases during part of the year, the zakah is dropped" He has two hundred dirhams, and during the year, five are stolen from it. Does he owe zakah on the remainder?
The questioner : ... .
The Shaykh : Why? Because the nisab decreased before the completion of the year. What if they are stolen one day after the year?
The questioner : He owes zakah.
The Shaykh : So he owes zakah. He owes zakah on what remains. And if all of it is stolen, its ruling will come to us, if Allah wills, in the chapter on paying out zakah. Good.
He says: "And if the nisab decreases during part of the year, or he sells it, the year is broken off, except in trade goods" If he sells the nisab during the year, the zakah is broken off. For example, a man has forty grazing sheep, including one sheep, but before the completion of the year, he sells it for dirhams. He is not a merchant, but he saw that it was a burden for him in terms of eating, drinking, and care, so he sold it. Does he build upon the dirhams, which are its price, upon their year, or do we say the year is broken off? The year is broken off. He starts a new year with the dirhams, even if he sells them one or two days before the completion of the year, the year is broken off.
The author says: "Or he exchanges it for something of a different kind" And the truth is that exchange is a sale, but since the author (may Allah have mercy on him) said "he sells it or exchanges it" we must consider the sale as being with currency and the exchange as being with goods. So we say: if he sells forty sheep for dirhams, this is a sale. If he exchanges forty sheep for cows, for thirty cows, this is an exchange. Otherwise, the sale is an exchange, as they said in the definition of sale: "It is the exchange of wealth, even if in debt, for its like".
And his statement: "he exchanges it for something of a different kind" If he exchanges it for something of the same kind, the year is not broken off. For example, if a woman sells her gold jewelry for gold, the year is not broken off. Why? Because he exchanged it for something of the same kind. Or if the owner of forty sheep sells his sheep for forty other sheep, what happens to the year? It is not broken off. Why? Because he exchanged it for something of the same kind.
Good. If he exchanges gold for silver, meaning if he has, for example, twenty dinars and during the year he sells them for two hundred dirhams, is the year broken off? We say: the apparent meaning of the author's words is that the year is broken off, because gold is not silver, by the text of the hadith.
The Prophet (peace and blessings be upon him) said: