(Series of answers by the Eminent Scholar Ata bin Khalil Abu al-Rashtah, Ameer of Hizb ut Tahrir, to the questions of visitors to his Facebook page "Fiqhi")
To Ali al-Saidi
Question:
Our honorable Ameer, Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh,
May Allah guide your steps to all that is good and grant victory and empowerment at your hands.
It was mentioned in the book The Funds in the Khilafah State, page 153, in the chapter "Zakat on Livestock," under the category of Cattle: "Zakat is obligatory on grazing cattle (as-sa'imah) that graze for most of the year." It was also mentioned regarding the Zakat on Sheep on page 155: "Zakat is obligatory on grazing sheep (as-sa'imah) that graze for most of the year, if a full lunar year (hawl) has passed since they reached the nisab."
The question is: Is there no Zakat on sheep and cattle that are not grazing, which are spent upon (fed) for most of the year? If there is Zakat on them, what is the amount?
Another question, if you would be so kind as to answer: Why was Zakat on livestock mentioned only for cattle, sheep, and camels, and not for birds, especially poultry, which are now raised by the thousands in modern poultry farms? Or are they considered trading goods (urud at-tijarah)?
May Allah bless you for your patience. Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
- Yes, there is no Zakat on sheep and cattle that are stall-fed (ma'lufah). This is because "grazing" (as-sawm) is a description that indicates the legal cause (illat). The concept of description (mafhum as-sifah) is the linking of a ruling to a quality of the essence. This indicates the negation of the ruling from the essence when that quality is absent. The condition for this is that the quality must be a "meaningful description" (wasf mufhim), i.e., something that indicates the legal cause (illat). If it is not a meaningful description, then it has no mafhum (implied meaning)... I repeat that the condition for the concept of description is that it must be a meaningful description, such as the saying of the Prophet ﷺ:
فِي صَدَقَةِ الغَنَمِ فِي سَائِمَتِهَا
"Regarding the Zakat of sheep, it is for those that are grazing (sa'imah)..." (Narrated by Bukhari). Sheep is the name of the essence, and it has two descriptions: grazing (as-sawm) and stall-fed (al-alaf). Since the obligation was linked to the description of grazing, this indicates that it is not obligatory for the stall-fed ones.
- As for the other question—why Zakat is on An'am (camels, cattle, and sheep) and not on other animals such as birds and poultry, etc.—it is because the text (nass) was revealed concerning these An'am, so the text is followed and adhered to. The texts have been reported regarding these three:
- Abu Dharr narrated that the Prophet ﷺ said:
مَا مِنْ صَاحِبِ إِبِلٍ، وَلَا بَقَرٍ، وَلَا غَنَمٍ، لَا يُؤَدِّي زَكَاتَهَا، إِلَّا جَاءَتْ يَوْمَ الْقِيَامَةِ، أَعْظَمَ مَا كَانَتْ، وَأَسْمَنَ، تَنْطَحُهُ بِقُرُونِهَا، وَتَطَؤُهُ بِأَخْفَافِهَا
"No owner of camels, cattle, or sheep who does not pay their Zakat, but that they will come on the Day of Resurrection as large and fat as they were, goring him with their horns and trampling him with their hooves." (Agreed upon).
- Abu Dawud narrated from Abu Bakr that the Prophet ﷺ said in a long hadith:
... وَفِي سَائِمَةِ الْغَنَمِ إِذَا كَانَتْ أَرْبَعِينَ، فَفِيهَا شَاةٌ ...
"...And regarding grazing sheep, if they reach forty, then one sheep is due..."
- It is narrated from Ali (ra) that he said:
لَيْسَ فِي الْبَقَرِ الْعَوَامِلِ صَدَقَةٌ
"There is no Zakat on working cattle." (Narrated by Abu Ubaid and Al-Bayhaqi).
- It is narrated from Amr bin Dinar that he was informed that the Messenger of Allah ﷺ said:
لَيْسَ فِي الثَّوْرِ الْمُثِيرَةِ صَدَقَةٌ
"There is no Zakat on the bull that tilling the earth." (Narrated by Abu Ubaid). It was also narrated from Jabir bin Abdullah:
لَا صَدَقَةَ عَلَى مُثِيرَةٍ
"There is no Zakat on the tiller." The "tiller" (al-muthirah) is that which tilling the earth, i.e., plowing it.
- Al-Hakim recorded in Al-Mustadrak 'ala al-Sahihayn from Bahz bin Hakim, from his father, from his grandfather, who said: I heard the Messenger of Allah ﷺ say:
فِي كُلِّ إِبِلٍ سَائِمَةٍ فِي كُلِّ أَرْبَعِينَ ابْنُ لَبُونٍ ...
"For every forty grazing camels, one ibn labun (two-year-old male camel) is due..." Al-Hakim said this hadith has a Sahih chain. (As-Sa'imah: animals that graze in the wild and pastures and are not stall-fed).
Thus, these three types of livestock must be zakated, and as explained above, Zakat is on the grazing ones, i.e., those that graze for most of the year. There is no text regarding Zakat on any other type of animals, birds, or aquatic animals, so we stop at the text revealed regarding Zakat on livestock (An'am) specifically. However, if the animals are for trade, then Zakat is obligatory on them according to the Zakat on trading goods (urud at-tijarah), as explained in its chapter in the book The Funds.
In summary, there is no Zakat on the animals themselves except for An'am: sheep, cattle, and camels. As for trading goods, Zakat is paid on every animal if it is for trade—meaning for buying and selling—because texts have been revealed regarding Zakat on everything offered for trade, regardless of its type, whether it be grains, cloth, animals, etc. Among the texts reported concerning trading goods:
- Samurah bin Jundub said:
أَمَّا بَعْدُ، فَإِنَّ رَسُولَ اللَّهِ ﷺ كَانَ يَأْمُرُنَا أَنْ نُخْرِجَ الصَّدَقَةَ مِنَ الَّذِي نُعِدُّ لِلْبَيْعِ
"To proceed: The Messenger of Allah ﷺ used to command us to pay Zakat from that which we prepared for sale." (Narrated by Abu Dawud).
- Abu Dharr narrated that the Prophet ﷺ said:
وَفِي الْبَزِّ صَدَقَتُهُ
"And on al-bazz there is Zakat." (Narrated by Ad-Daraqutni and Al-Bayhaqi). Al-Bazz refers to the clothes and fabrics used for trade.
- Abu Ubaid narrated from Abu Amrah bin Hamas from his father, who said: "Umar bin Al-Khattab passed by me and said: 'O Hamas, pay the Zakat on your wealth.' I said: 'I have no wealth except for quivers and hides.' He said: 'Evaluate them and then pay their Zakat'..."
I hope this is sufficient, and Allah is All-Knowing and All-Wise.
Your brother, Ata bin Khalil Abu al-Rashtah
19 Muharram 1439 AH 29/09/2018 CE
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