Continuation of the explanation of the author's statement: "And mixing makes the two properties like one."
Machine translationRead the Arabic original
The Shaykh : It occurs through inheritance, or through purchase. Perhaps we buy sheep and share in them; I pay half the price and you pay half the price. This is a partnership. This is a partnership of entities (ayyan). A partnership of attributes (wasf) is when each person's property is distinguished from the other's, but they share in matters we will mention, if Allah wills. A partnership of attributes... Yes, a partnership of attributes or sharing of attributes means that each of us has his own specific property. I have twenty sheep and you have twenty sheep, then we mix them. If the twenty that belong to me die, if the twenty that belong to me die, do you have liability for them? No, this is my share. In a partnership of entities, if half the sheep die, it is upon all of them because it is shared ownership. A partnership of attributes is sharing in the male animal. What does "male animal" mean? It means the male animal for this flock is one; it is not that I have a male animal and you have a male animal exclusively. No, and do you know what a male animal is?
The questioner : Yes.
The Shaykh : As for sheep, the male goat is called a "tays" (billy goat), and in sheep it is called a "kharuf" (ram), and in camels...
The questioner : ... .
The Shaykh : No, a camel is called a "jamal" (camel), and in cows? A "thawr" (bull), it is called a bull. They must share in the male animal; it must be used for all of them. It is not, for example, that my share has a male animal alone and his share has a male animal alone.
The second is that they agree on the grazing ground, meaning all are sent out to graze and all return. It is not, for example, that one sends his sheep to graze on Sunday and the other on Monday. They agree on the grazing ground.
The third is that the pasture is their common pasture; it is not that this person's sheep are in the eastern branch of the valley and the other's are in the western branch. No, the pasture must be common to all.
The fourth is sharing in the milking place, meaning the place of milking is one; it is not that my sheep are milked there and your sheep are milked there. The fifth is the resting place, meaning the place where we rest them all; it is not that my sheep have a resting place alone and your sheep have a resting place alone. These are five things in which they share. If they share in these five things, it is a partnership of attributes, and with that, if this partnership fulfills its five conditions, it makes the two properties like one property. If someone says, "As for the first type of partnership, there is no doubt in it because it is shared property between two people and there is no doubt in it," yes, but how is the second type made so that the two properties are like one property, when my property is specific to me and your property is specific to you? They cited the hadith of Abu Bakr (may Allah be pleased with him)Sunan ad-Daraqutni 9:96 They said this indicates that a partnership, whether of entities or of attributes, makes the two properties like one property. Memorize the partnership of attributes in these five things; it makes the two properties like one property. Does the partnership affect the obligation of zakah and its exemption? The answer is yes, it affects it. For this reason, he said Sunan Ibn Majah 1807Hasan (Darussalam) I have forty sheep and the collector will come tomorrow, so I placed twenty of them in one place and twenty in another place. Now I have separated them. When the collector comes, he finds that this flock is twenty and the other flock there is twenty. Is zakah taken from them or not?
The questioner : ... .
The Shaykh : Why?
The questioner : It does not reach the nisab.
The Shaykh : Because it does not reach the nisab. So I separated them so that nothing is obligatory upon me. Fine, the owner is one, but the collector does not know. Fine, the second caseSunan Ibn Majah 1807Hasan (Darussalam) How is what is scattered gathered? For example, I own forty, you own forty, and the third owns forty. What is the total? One hundred and twenty. If we considered each person's ownership separately, three sheep would be obligatory: I have forty sheep, so one sheep is due from me, and you are the same, and the third is the same. But we would gather all the sheep to make how many? It would be one hundred and twenty, and in one hundred and twenty, one sheep is due.
The questioner : ... .
The Shaykh : But we said one hundred and twenty, and in it, one sheep is due. So we gathered what was scattered so that three sheep would not be obligatory on this total. Thus, what is obligatory now is one sheep. So the partnership affects both the obligation and the exemption; meaning, sometimes it exempts what is obligatory, and sometimes it obligates what was not obligatory.
So the author says "The partnership makes the two properties like one" and the evidence is what you heard from the hadith of Abu Bakr (may Allah be pleased with him). But note that the partnership does not affect anything other than livestock. It does not affect anything other than livestock. So if we have a farm and we are ten people, each of us owns one-tenth of it, and it is only five shares, is there zakah in it? No zakah, because each of us has only half a nisab, so zakah is not obligatory. Is that clear? Because the partnership only affects livestock. Fine, two men share in a trade and their capital is a nisab. Is zakah obligatory on them?
The questioner : He owes no zakah.
The Shaykh : No zakah is obligatory on them. Why? Because the share of each of them does not reach the nisab, so there is no zakah on them, even though they trade in the shop as one trade with complete mixing. But we say there is no partnership except in livestock. In anything other than livestock, the partnership has no effect. Yes?
The questioner : Yes.
The Shaykh : As for sheep, the male goat is called a "tays" (billy goat), and in sheep it is called a "kharuf" (ram), and in camels...
The questioner : ... .
The Shaykh : No, a camel is called a "jamal" (camel), and in cows? A "thawr" (bull), it is called a bull. They must share in the male animal; it must be used for all of them. It is not, for example, that my share has a male animal alone and his share has a male animal alone.
The second is that they agree on the grazing ground, meaning all are sent out to graze and all return. It is not, for example, that one sends his sheep to graze on Sunday and the other on Monday. They agree on the grazing ground.
The third is that the pasture is their common pasture; it is not that this person's sheep are in the eastern branch of the valley and the other's are in the western branch. No, the pasture must be common to all.
The fourth is sharing in the milking place, meaning the place of milking is one; it is not that my sheep are milked there and your sheep are milked there. The fifth is the resting place, meaning the place where we rest them all; it is not that my sheep have a resting place alone and your sheep have a resting place alone. These are five things in which they share. If they share in these five things, it is a partnership of attributes, and with that, if this partnership fulfills its five conditions, it makes the two properties like one property. If someone says, "As for the first type of partnership, there is no doubt in it because it is shared property between two people and there is no doubt in it," yes, but how is the second type made so that the two properties are like one property, when my property is specific to me and your property is specific to you? They cited the hadith of Abu Bakr (may Allah be pleased with him)
Nor is what is scattered gathered, nor is what is gathered separated out of fear of charity. And as for the two partners, they divide it between them equally.
ولا يُجمع بين متفرّق ولا يفرّق بين مجتمع خشية الصّدقة وما كان من الخليطين فإنهما يتراجعان بينهما بالسويّةDo not separate combined flock and do not combine separate flocks for fear of Sadaqah.
لا يُفرّق بين مجتمع ولا يُجمع بين متفرّق خشية الصّدقةThe questioner : ... .
The Shaykh : Why?
The questioner : It does not reach the nisab.
The Shaykh : Because it does not reach the nisab. So I separated them so that nothing is obligatory upon me. Fine, the owner is one, but the collector does not know. Fine, the second case
do not combine separate flocks for fear of Sadaqah
لا يجمع بين متفرّق خشية الصّدقةThe questioner : ... .
The Shaykh : But we said one hundred and twenty, and in it, one sheep is due. So we gathered what was scattered so that three sheep would not be obligatory on this total. Thus, what is obligatory now is one sheep. So the partnership affects both the obligation and the exemption; meaning, sometimes it exempts what is obligatory, and sometimes it obligates what was not obligatory.
So the author says "The partnership makes the two properties like one" and the evidence is what you heard from the hadith of Abu Bakr (may Allah be pleased with him). But note that the partnership does not affect anything other than livestock. It does not affect anything other than livestock. So if we have a farm and we are ten people, each of us owns one-tenth of it, and it is only five shares, is there zakah in it? No zakah, because each of us has only half a nisab, so zakah is not obligatory. Is that clear? Because the partnership only affects livestock. Fine, two men share in a trade and their capital is a nisab. Is zakah obligatory on them?
The questioner : He owes no zakah.
The Shaykh : No zakah is obligatory on them. Why? Because the share of each of them does not reach the nisab, so there is no zakah on them, even though they trade in the shop as one trade with complete mixing. But we say there is no partnership except in livestock. In anything other than livestock, the partnership has no effect. Yes?