How do we draw lots between the one who has five-sixths and the one who has one-sixth?
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The questioner : ... .
The Shaykh : What do you say about this difficulty? He asks how we draw lots between the one who has five-sixths and the one who has one-sixth? It is as if he leans toward drawing lots five times, is that right?
The questioner : ... to the correct answer.
The Shaykh : We all lean toward the correct answer, if Allah wills. We say that because zakah is an act of worship whose amount is prescribed by the Shari'ah as a sa', if we give this person five-sixths, it will not be completed, and if we give this person one-sixth, it will not be completed. Therefore, the sharing is a sharing of competition. Based on this, we draw lots among them. This is unlike the case of a slave who is between partners; for a slave between partners, we say that each one is obligated to pay the amount of his ownership.
The Shaykh : What do you say about this difficulty? He asks how we draw lots between the one who has five-sixths and the one who has one-sixth? It is as if he leans toward drawing lots five times, is that right?
The questioner : ... to the correct answer.
The Shaykh : We all lean toward the correct answer, if Allah wills. We say that because zakah is an act of worship whose amount is prescribed by the Shari'ah as a sa', if we give this person five-sixths, it will not be completed, and if we give this person one-sixth, it will not be completed. Therefore, the sharing is a sharing of competition. Based on this, we draw lots among them. This is unlike the case of a slave who is between partners; for a slave between partners, we say that each one is obligated to pay the amount of his ownership.