seeking the truth az zakat-camels.pdf · e-book #4 kitab-az- zakat zakat on livestock part-1 zakat...

SEEKING THE TRUTH

e-BOOK #4

KITAB-AZ- ZAKAT

ZAKAT ON LIVESTOCK

PART-1 ZAKAT ON CAMELS

MATHEMATICAL ANALYSIS

GROUP CAPTAIN(R) IMTIAZ ALI

ORIGINAL RESEARCH CENTER

HOUSE #10, STREET#3,

ALI TOWN<ADYALA ROAD

RAWALPINDI-PAKISTAN

92-51-557139

92-345 5366 081

ZAKAT ON CAMELS

MATHEMATICAL ANALYSIS OF ALL NISABS

FOR THEIR ACCURACY OF NARRATION

AND THE CORRECTED NISABS

INTRODUCTION

I started studying Zakat in year 2005, for my own understanding of the system. I studied

many books, but found Yousuf Qarzawi’s book’ Fiqa zakat’ the only book which was so good

that it could be used for further research. I decided to act on Qarzawi’s advice that it is farz e

kifayah on all of us and write a mathematics -based explaination or commentary to find a

concrete answer to all conflicting narrations and different opinions of past scholars.

Qarzawi’s book saved my time by providing all the references in one book. By using

mathematical and an integrated approach to whole Zakat system, rather than studying in

piecemeal manner, as done by previous scholars, I was able to come to clear decisions, based

on holy Prophet’s clear instructions.

In my opinion, all the past imams and scholars only dealt with the words of narrations

and checking the credibility of narrators ,and one small element of zakat at one time, because

they considered zakat only as Ibadah. Unfortunately they did not consider it as the Islam’s

economic or financial system. If they had done so, then they would have related the

narrations to other realities of life like ensuring basic necessities of life , general principles

of Islam like equality, justice, easy solutions, logical decision making, or keeping unity of

Umma in mind. Without one zakat system, one cannot even think of creating an ummah.

Zakat is basically an economic, social security. Local human development system of Islam but

has also been categorized as Ibadah because if a Muslim state does not organize the zakat or

one is living in a non Muslim country , one still has to calculate and pay zakat and cannot

evade the zakat-tax, as can be done with national income tax ,without fear of punishment if

done successfully. Allah will take into account such evasion on Day of Judgment.

Therefore, I have studied the zakat as the Revenue generating system of Islam and Animal

Wealth being one of the sources to generate money for poverty reduction and alleviation and

local economic and social development so that all people become able to give zakat rather

than taking it as charity. Once we study it from this angle, then all differences in narrations

can be sorted out without any problem.

To find undisputable solutions to the vast and different opinions, I first successfully decoded

all nisabs and made mathematical formulae on which they were based, and then used them

to check and correct some mistakes in the narrations of nisabs. And, finally I tested their

applicability even today by using our local Pakistani prices of livestock in the formulae and

was amazed to see Prophet’s nisabs being a mathematically perfect system even today.

In this initial work, I have restricted myself to decoding, checking, correcting the existing

nisabs and have not touched on various other questions which come to mind. In my opinion,

these nisabs are presently valid only in developing countries and fall short of providing the

required poverty line or basic necessities basket in rich or developed countries and need to

be redesigned keeping the principles set by Holy Prophet,pbuh, in mind. My study is

available on this aspect of zakat only in Urdu language and can send it to any one who wishes

to study it and if any one can get it translated it in English at his end.

I am sure that my work will be critically analyzed by scholars and any errors in ideas or

calculations will be pointed out. I hope that this work will introduce new trend in Islamic

research and will pave the way for developing the zakat as an integrated economic system

rather than only an ibadah.

I am sure this small work will be a good addition to Islamic literature on zakat. Is it possible

for someone to send this study to Dr. Qarzawi and fiqa council of Islamic countries in Jedda,

Saudi Arabia? I will br really grateful for this favour.

Wa ma taufiqi illa billah

IMTIAZ ALI AKBAR

Rawalpindi.28.May, 2012

[email protected] 92 345 5366081

92 51 5571398

PART-1

REFERNCEES FROM QARZAWI

FIQH AL ZAKAH (VOLUME I) DR. YUSUF AL QARDAWI

A COMPARATIVE STUDY OF ZAKAH, REGULATIONS AND PHILOSOPHY IN THE LIGHT OF

QUR'AN AND SUNNA.

SECTION TWO ZAKAH ON CAMELS The unanimous agreement of Muslims, as well as several correct sayings of the

Messenger of God (p) and reports from his Companions indicate nisab of camels and the

rates of nisab on them are as follows:

Number of Camels Amount Due as Zakah

From To 5-9 1 sheep

10- 14 2 sheep

15 -19 3 sheep

20 -24 4 sheep 25 -35 female camel between 1 and 2 years old

36- 45 female camel between 2 and 3 years old

46 -60 female camel between 3 and 4 years old


76 -90 2 female camels between 2 and 3 years old

91- 120 2 female camels between 3 and 4 years old

There is ijma on this schedule, except for a report from 'Ali that on 25 camels there

is five sheep and on 26 camels there is one female camel between one and two years

old. Ibn al Mundhir says. The unanimity is not broken, because what is reported from

'Ali is not authentic. The saying of Anas on these quantities and amounts is correct and

Zakah on Livestock

85

there is a unanimous agreement on its content.

For more than 120 camels the majority's

view is that for each additional 50 camels the additional amount of zakah is a female

camel between three and four years old while on each additional 40 camels the

additional amount of zakah is a female camel between two and three years old.22 This is

shown in the following table :

From To Amount of zakah

121 -129 Camels 3 female camels, 2 to 3 years old

130- 139 Camels 1 female camels, 3 to 4 years old and 1female

camels, 3 to 4 years old

140 -149 Camels 2 female camels, 3 to 4 years old and 1female




170- 179 Camels 1 female camels, 3 to 4 years old and 3 female





camels, 2 to a years old

200- 209 Camels 4 female camels, 3 to 4 years old or 5 female

camels, 2 to a years old

It is seen from the table that for big numbers, an increase of less than ten camels

does not affect the amount of zakah. Once it is increased by ten, then you go one step

higher in the amount of zakah due according to the same rule mentioned above. It is

obvious from these two tables that if the number of camels owned is less than five then

there is no zakah. Once they reach five , the amount due is one sheep. The author of

alMabsut quotes a scholar as saying, "this means that the value of the livestock is considered.

Camels between one and two years old used to be priced at forty dirhamsand a sheep at five

dirhams, so five camels equal 200 dirhams also equal 40 sheep. This

implies that the minimum for zakatability of camels, sheep, and silver money is the same. Ibn al Humam in al Fath and Ibn Nujaim in al Bahr reply, there is a saying that states "Whoever is obliged to give as zakah on a camel of a certain age group, but does not

own any in that age, can pay in substitution on the average of 10 dirhams for a sheep, if he

does not have a sheep. This is an explicit text that contradicts the explanation of al Sarakhsi.24

The saying referred to is reported by al Bahr from Anas.Shari'ah obligates sheep as zakah on

camels if the number of zakatable camels is lees than 25, though usually zakah is paid out of the same kind of the zakated assets.

The reason is obviously that the amount due is less than one camel, but at the same time

Shari'ah considers five camels to sufficiently define who is rich.

25Numbers and amounts in the above two tables come from the actions of the

Messenger of God (p). Al Nawawi in al Majmu' says that the quantities and amounts of

zakah on livestock come from the two saying narrated by Anas and Ibn 'Umar.26

Figq al Zakah (Vol. I), Dr. Yusuf al Qardawi

86

Anas narrated that Abu Bakr, the Truthful wrote this message when he sent him to

Bahrain:

In the name of God, most merciful, most gracious. This is the obligation of

sadaqah imposed on Muslims by the Messenger of God (P), as ordained to him by God.

Whoever is asked to pay it according to these rules must give it, and whoever is asked to

pay more should refuse. On each 24 camels or less, zakah is due in sheep. On each five

camels, one sheep is required.

Once they reach 25 and up to 35 one female camel, one to

two years old, is required.

From 36 to 45, there is one she-camel two to three years old.

If they reach 46 to 60, there is one she-camel three to four years old due, one that can be

bred.

If they reach 61 to 75, one she-camel four to five years old is due.

If they reach 76to 90, there is two she-camels two to three years old due.

If they reach 91 to 120, thereare two she-camels, three to four years old due.

If they are more than 120, for each 40there is one she-camel two to three years old, and for

each 50 there is one she-camelthree to four years old.

A person who owns [up to] four camels is not zakatable unlesshe volunteers, but if they

reach five camels, one sheep is due on them as zakah.

In the

sadaqah on sheep, if they are naturally, cost-free pastured, and number between 40 and120

sheep, there is one sheep due.

For more than 120 and up to 200, there are two sheep. For more than 200 up to 300 there are three sheep. For more than 300, the amount of

zakah is one sheep for each 100 or a fraction therein.

If a person owns less than 40 naturally cost-free pastured sheep, there is no sadaqah unless

the person wishes tovolunteer.

On mint currency there is one-fourth of one-tenth due . If a person own only190

dirhams27 there is nothing on them except by the voluntary initiative of the owner".

The letter further states, "The person whose zakah is a female camel, one to two years old,

and who has none of that age , but one in the next higher age bracket, it is acceptable, and

the zakah collector returns to him the difference, twenty dirhams or two

sheep.

If he owes a she-camel one to two years old but does not have it, a male camel

between two and three years old is accepted in its place.

A person who owes as zakah one she-camel four to five years old and has none in that age

group, but has a she-camel one year younger, may pay the younger along with two sheep if

available, or twenty

dirhams.

A person who owes as zakah one female camel three to four years old and

does not have any in that age bracket can pay one female camel in the next higher age

bracket and the collector then returns to him 20 dirhams or two sheep.

Nor a person who is required to pay sadaqah in the amount of one female camel three to

four years old andhas only a female camel in the age group of two to three years old, it can

be acceptedfrom him, along with two sheep or 20 dirhams.

For a person whose sadaqah should beone female camel two-three years old who has one a

year older, it is an acceptablesubstitute the zakah collector returns to him 20 dirhams or

two sheep.

If a person sadaqah is one female camel two to three years old and he does not have it, but

has one a year younger, it is acceptable as zakah along with 20 dirhams or two sheep.

An old, damaged or defected animal is not accepted as zakah, nor should the collector take a ram unless it is volunteered as extra sadaqah by the zakah payer. What is divided should

not be added together, and what is together a zakatable unit must not be divided in order

to avoid zakah.29 For cattle owned by partners,30 partners would settle the account

among themselves in proportion to their shares. Al Nawawi says "this letter is reported

by al Bukhari in his correct collection, scattered throughout the chapter on zakah. I put it

Zakah on Livestock

87

back together."31 It is also reported by Ahmad, 'Abu Daud, al Nasai and al Daraqutni.

The latter adds "The chain is correct and the narrators are all trustworthy," as in al

Muntaqa.32 Al Shaukani says "It is also reported by al Shaukani, al Baihaqi, and al

Hakim, Ibn Hazm says this message is maximum in correctness. It is also graded correct

by Ibn Habban and others.33

The saying from Ibn 'Umar, is narrated by Sufian bin Husain from al Zuhri from

Salim from his father, 'Abdullah bin 'Umar: The Messenger of God (p) wrote the

message on sadaqah but did not send it to his commissioners until he died. He tied it to

his sword, and when he died, Abu Bakr applied it until he died, and then 'Umar, until he

died. The letter contains "For five camels there is one sheep due, for ten, two

sheep.."etc, continuing with the same rates listed in the saying from Anas. Al Nawawi

said it is reported by Abu Daud and al Tirmidhi, who marks it a good saying.34 Al

Shaukani adds "This saying is reported also by al Daraqutni, al Hakim and al Baihaq".35

Ibn Hazm says in his commentary on the saying from Anas "This saying is

maximum in correctness. The Truthful Abu Bakr applied it in the presence of all the

Companions, and none of them is known to have disagreed at all, although ijma' is

usually claimed in much lees unanimitty than this."36 The great majority of scholars of

this nation have received these messages with acceptance, and practically apply them,

although some of the leading scholars of hadith, such as Yahya bin Ma'in hesitate in

considering them correct, in consistency with his special approach in scrutinising

narrators and the links among them.

It seems that the Orientalist Schacht abuses the stand of Ibn Ma'in in order to shed

doubt on all the sayings on zakah and the whole institution itself. He claims that the

jurists' opinions on the issue have their stamp on the saying itself, and adds "we note, in

this respect, that the detailed system of zakah commonly attributed to Abu Bakr is

sometimes attributed to the Prophet (p), to 'Umar bin al Khattab, or 'Ali bin Abi

Taleb".37 Schacht is known for his hostility toward the traditions of the Prophet (p).

Very often he fabricates reasons to shed doubt on them and to disorient the reader about

them. In his books he collects all the misinterpretations and misleading statements and

the fabricated and false misrepresentations against the Sunnah. I thank God that my dear

and respected colleague, Dr. Muhammad Mustafa al Azami threw these falsehoods back

in the face of their author in his extensive study on hadith in English, which was

submitted to Cambridge University as his Ph.D. dissertation.38 It showed that to be fair

and reasonable, the Orientalist should have realised that it is extremely unlikely that the

Prophet (p) would leave such an important issue like zakah on camels, sheep, etc.,

without determining its minimums and its rates, since this was where the majority of the

wealth of the Arabs at his time lay. The zakah collectors and commissioners were sent

by him to oasis and deserted areas to collect and distribute zakah every year from the

scattered tribesman. There are many reports about sending those collectors and the way

they were told to treat zakatable individuals, what to take, what not to take, what the

response of cattle owners should be and how they should treat the collectors. No fair and

reasonable researcher can claim that all these sayings are fabricated on behalf of the

Messenger (p).


88

It is no surprise that the Prophet (p) sent instructions determining nisabs and rates of

zakah on cattle and other growing items of wealth that were most dominant at his time

and within his environment. This is testified by the message of instruction of Abu Bakr

as well as in that of 'Umar, and both of them are linked to the Prophet (p). It was shown

in the previously quoted message of Abu Bakr that "This is the obligation of sadaqah

that the Prophet of God (p) imposed on Muslims..,". The letter written by 'Umar, and

narrated by his son, Abd Allah reads "Verily the Messenger of God (p) wrote the letter

of instructions on sadaqah..." As for the letter of inetruction of 'Ali bin Abi Talib, there

is no agreement among scholars about whether or not it was linked up to the Prophet (p).

This anyhow is not as famous as the letters of Abu Bakr or 'Umar, nor does it have the

same strength of chain they do. It should be noted that these were not the only letters of

instructions that provide details of zakah on livestock, There are several other messages,

such as that of 'Amr bin Hazm which was addressed to the people of Najran, about the

details of obligated zakah, and ransoms compensating accidental deaths or the loss of

parts of the body. We have also the message of Mu'adh that delineates sadaqah on

cows, and several other letters.

It is worth observing that all these instructions do not differ on certain major

points,such as: 1. There is no zakah obligated on anything less than five camels.

2. There is no zakah on any number of sheep lees than 40.

3. There is no zakah on less than 200 dirham of silver.

4. The amount of zakah that is obligated on less than 25 camels is calculated

in sheep.

5. Zakah on up to 25 camels is one sheep for each five camels.

6. They agree on the ages and number of camels due as zakah on the wealth

of 25 to 120 camels.

7. They also agree on the rate of zakah on sheep from 40 to 300, and that the

rate afterward is one for each 100.

8. The rate on silver and silver money is one-fourth of one-tenth.

9. Both damaged animals and the top quality animals are not taken as zakah.

What is required is animals of about average quality.

Those instructions do not agree, however, on certain minute and secondary details

such as the rate on camels after 120.

The instructions of Abu Bakr put the rate at one

female camel two to three years old for each 40, and one female camel three to

fouryears old for each 50,

while the instructions in the letters of 'Ali and Amr bin Hazm start

again with the same rate as that between five and 125. Also, these instructions do

notmention some other items of wealth, such as gold money and cows. It seems to me that

this itself provides us with some additional proof that these texts are rightly attributed to

the Prophet (p), and that they were not influenced by the jurists' opinions as Schacht

claims, because many detailed thoughts of jurists do not appear in these instructions.

The Prophet (p) was writing practical instructions to different people

according to their needs and circumstances, he did not mention gold money

because Arabs of his time did not frequently use it and did not mention cows

because they were not common in Madinah.

Only in his instructions to Mu'adh, who was being sent to Yemen, did the

Prophet mention cows, because they were common in Yemen. Zakah on Livestock

89

Variance on the Rates after 120 Camels

I pointed out earlier that there are varying views among jurists on zakah on above

120 camels. Malik, Shafi'i, Ahmad, and the majority consider the rate to be one female

camel, three to four years old for each additional 50, and one female camel, two to three

years old, for each additional 40,39 as mentioned in the message of Abu Bakr and 'Umar

narrated successively by Anas and Ibn 'Umar. The same also appears in the messages of

Ibn Hazm and Ziad bin Labid to the people of Hadramut,40 in the words of the Prophet

(p) "If they exceed 120, then for each 40 one female camel two to three years

old, andfor each 50 one female camel three to four years old". Some versions of

the last saying are summarized by that narrator, as "In each 50 one female camel ..." without

mentioning the rate for each additional 40, but the different versions complete each

other.

Abu Hanifah's view

Al Nakha'i, Al Thawri, and Abu Hanifah41 say that "for what is above 120, we start

the rates from the beginning, i,e., for an additional five to 24 camels, the rate is onesheep

for each 5 camels, and for an additional 25 camels zakah due is one female camel,one to two

years old, etc."The following table shows the amount due according to thisopinion:

Number of Camels The Rate , Sheep Others

125 2 + 1 Female Camel Hiqqa,3 to 4 years old and one goat

130 2 + 2 Female Camel ,3 to 4 years old and two goats

135 2 + 3

140 2 + 4

145 2 + 0 1 Female Camel ,3 to 4 years old ( female camel 1 to 2 years old )

150 3 + 0 Female Camel ,4 to 5 years old

155 3 + 1 Female Camel ,4 to 5 years old and one goat

160 3 + 2

165 3 + 3

170 3 + 4

175 3 + 0 1 ( f.c. 1 to 2 years old)

186 3 + 0 1 ( f.c. 2 to 3 years old)

196 4

200 4 or 5 (f.c. 2 to 3 years old )

After 200 the rate repeats itself, one sheep for each additional five camels, and each

time the additional zakatable camels reach fifty, the amount of zakah due on it is one

female camel three to four years old.

The Hanafites argue that Abu Daud reports as mursal [saying in whose chain the

name of the reporting Companion is not mentioned], Ishaq in his Musnad and al Tahawi


90

in his Mushkel from Hmmad bin Salamah, who said, "I told Qais bin Sa'd to get me the

message of Mohammad bin Hazm, so he gave me a letter which he said he took from

Abu Bakr bin Mohammad bin Hazm, who said that the Prophet (p), wrote it to my

grandfather. I read it and found in it the rates of zakah on camels... " and he narrated the

saying until, "Once they exceed 120 make, due on each 30 one female camel

three to four years old. For the increments, restart the rates from the

beginning, and for what is less than 25 camel increments, the amount of zakah

is due in sheep, one sheep for each five." This is reported in Nasb Al Rayah by al

Zaila'i.42 A similar version is narrated by'Asem bin Damurah from Ali, linked to the Prophet as

well as ending at 'Ali,43 and Ibn Mas'ud is reported to have said similar things. The Hanafites are said by Ibn Rushd to

have argued that such a thing cannot be decided but by instructions from the Prophet,

because it is not anything that can be deducted by analogy.44

The majority of scholars disapprove of the arguments of the Hanafites and see

weakness in their findings. Al Baihaqi shows that whatever is reported from Ibn Mas'ud

in this matter is not correct.45 The version of the saying of 'Ali which is linked to the

Prophet (p) is also incorrect, and there are also differing opinions on the version that is

attributed to 'Ali. In one version it is reported in a consistent manner with the letters of

Abu Bakr and 'Umar, while in another version it is reported differently. The usual

applicable rule in such a case is that we give more weight to the version that is

consistent with other correct sayings which are not disputed. This was noted by al

Hazimi.46 Moreover, the same version of the saying (from 'Asem) contains a sentence all

scholars agree to disregard because of its weakness. That is the statement that for each

25 camels the zakah due is five sheep instead of a one to two years old she-camel. On

the other hand, it is possible to interpret those differing versions in a way that make then

consistent with the other correct sayings.

As for the saying of Ibn Hazm, some scholars interpret the starting over of the rates

as a reference to the calculation of the rates on additional 40 or 50 camels as mentioned

in the two sayings of Abu Bakr and 'Umar.47 However, the majority of scholars are of

the opinion that this version is weak because of the following reasons:

A. It contradicts what came correctly in an exact saying from Anas.

B. It is in opposition to other versions of the same saying, and those other versions

are consistent with the two letters of Abu Bakr and 'Umar. Those other versions are

sustained by al Baihaqi and others.48

C. This differing version is not consistent with the general rule in zakah

collection,that zakah is due in the same kind of the zakatable asset except out

of necessity.

The case of camels below 25 is an obvious necessity, but it is not necessary to

take sheep when the number of zakatable camels is above 120.

Another inconsistency in this version is that the increase of five camels from

145 to 150 requires an increase in zakah from a one to two years old female

camel to a three to four year old female camel, which makes the rate at this

level more than the ratio at other levels. Zakah on Livestock

91

Other scholars consider the report of lbn Hazm superseded by those of Abu Bakr and

'Umar. Ibn Taimiyah supports this last view on the basis that Ibn Hazm was given these

instructions when he was appointed governor of Najran, some time before the death of

the Prophet (p), while the message of Abu Bakr the truthful was written by the Prophet

(p), just before he died, and since he did not have a chance to send it to his governors it

was sent by Abu Bakr after he succeeded him.50 Thus it seems that Ibn Taimiyah tends

to go along with these who consider the instructions of Ibn Hazm cancelled by the later

instructions of Abu Bakr and 'Umar, since it is known that the former preceded

chronologically the latter.

The view of majority, including; Ahmad, al Shafi'i and al Awza'i, is much stronger

and better supported by proofs than that of the Hanafites. Some fair Hanafites even give

more weight to the majority view, such as the late 'Abd al 'Alyy al Laknawi, known as

the "Ocean of knowledge", from India. In his Rasa'il al Arkan al Arba'ah, pp, 170-171,

he says: "What seems to be stronger is the view of al Shafi'i and Ahmad.51

The view of Al Tabari

Abu Ja'far al Tabari expresses a third, reconciling view, stating that both opinions are

acceptable, and it is up to the zakah collection agency to select which view to apply.52

In my opinion this is a better approach, since one should not consider the

content of a saying superseded and annulled if there is the slightest chance of

areconciliation of all the reports from the Prophet (p).

The reconciliation proposed by al Tabari is undoubtedly acceptable if we keep in mind that

the determination of ages andquantity of camels due as zakah is meant to facilitate zakah

calculation, payment, and collection, and to simplify the procedures so that the zakah

collecting agency canexercise some discretion. The slight differences in the letters of zakah

Looking at the different versions of messages about zakah reported from the

Messenger of God (p), and his Wise Successors, one would find some minor

differences. An example is whether the difference in value between different age camels

is ten dirhams (or two sheep) or twenty dirhams (or two sheep)53. How can the

difference between the letter of 'Ali and those of Abu Bakr and 'Umar be explained? It is

known that the report of 'Ali is incorrect as linked to the Prophet (p), but it is also

known that the version stating that it is a saying of 'Ali himself is correct. How could

'Ali differ with the letter of the Prophet (p)? How could he, who lived the era of Abu

Bakr and 'Umar not be aware of their letters and application? Did he believe that he had

information which superseded that contained in the other letter?

In my opinion all these questions are answered negatively and it seems to me that

another interpretation of those minor differences is due.

I believe that some of these equalities, like the value of sheep in silver, are

given by the Prophet (p), in his capacity as the head of the state. Their prices

at his time were such that a sheep equaled approximately ten dirhams.

It is known that prices vary from time to time, and when the Prophet (p),

gave the ratio as twenty dirhams for two sheep he was quoting his period's

current prices.

At the time of 'Ali's caliphate, prices of sheep were different, and his

quotation of those prices were ten dirharms for two sheep. This is not a

violation of the Prophet's saying, but rather an application of the rule used by

the Prophet (p), to what suits the time of 'Ali. This interpretation is, in my opinion,

better than any attempt to disregard any of the differing texts, like what Yahya bin Ma'in did in claiming that

nothing correct is reported on the determination of rates and quantities of zakah.55 Ibn

Hazm came down very hard on such a claim and asked how a person like Ibn Ma'in

could state such a thing without even the slightest supporting evidence.56 An Orientalist

like Schacht abuses to the utmost that claim in his attempt to reject all the correct

sayings on zakah.

SECTION NINE

OTHER NATURALLY PASTURED DOMESTIC ANIMALS

This section deals with the general case of naturally cost-free pastured domestic

animals maintained for profit. Can we generalize the case of zakah on all such animals

or not? In other words should zakah be restricted to the four previously mentioned

species or should it include all domestic animals? Some of today's leading professors of

Islamic studies, including Muhammad Abu Zahra, 'Abd al 'Wahab Khallaf, and 'Abd al

Rahman Hasan, deduct from the practice of 'Umar that one can apply analogy on zakah.

'Umar bin al Khattab obligated zakah on horses by analogy, on the grounds that horses

were becoming valuable assets. This is upheld by Abu Hanifah, the master in the

application of analogy. Those who do not obligate zakah on horses do not do so in

denial of analogy, but because they consider the edible character of livestock an

important reason for their zakatability. Since horses are not edible, they refuse to extend

zakatability to horses. The author of al Mughni writes "The analogy of horses and

livestock is incorrect, because the latter are growing wealth that is used for milking and

meat and can be used for sacrifice." The majority of scholars does not consider the

character of growth alone the reason for zakatability.

These three professors add: If the Wise Successor 'Umar considered growth the

essential requirement for zakatability, and was followed Abu Hanifah, then we can

extend their application to other animals and declare that all animals that are growing

and naturally, cost-free pastured are zakatable, if they reach the minimum for

zakatability (nisab), which equals twenty dinars, at the rate of 2.5%. Nisab is estimated

in relation to gold, because 'Umar accepted the principle of evaluating horses to

determine zakah, and value is currently estimated in gold.158

This is supported by the fact that the Messenger (p) when asked about zakah on

donkeys did not negate the obligation of zakah in a clear statement but said "God did

not send upon me anything on this matter except this comprehensive and precise verse

'Then shall anyone who has done an atom's weight of good see it, and anyone who has

done an atom's weight of evil see it'.159 The ratio of 2.5% is supported by the saying

from Bahz bin Hakim from his father from his grandfather that the Prophet (p) said "Out

of all naturally pastured camels, on each forty there is due one camel, two-three years

old". This is a general rate for camels exceeding 130 and for cows exceeding 40.

Applying this rate on all other animals acquired for breeding for profit is undoubtedly a

correct ijtihad, based on analogy between similar growing assets. Consequently, mules,

reindeers, and other animals would be included in this concept.

I disagree with these professors on the estimation of nisab on these animals at 20

gold dinars, on the basis that the equalization of nisab on animals and nisab on money is

not, in my opinion, valid. I have quoted earlier from al Mabsut that five camels equal 40

sheep equal 200 dirham, and noted that Ibn al Humam and Ibn Najaim object to this

equation because there are correct saying indicating that two sheep equal 20 dirham,

which means that 40 sheep = 400 dirhams, i.e. the nisab on livestock is twice as much

as the nisab on money. Thus, if we take nisab on money as a reference, nisab on

animals should be estimated at twice as much as that on money, since money owners

have more freedom of choice than animal owners.

I prefer to determine nisab on animals as growing assets on two grounds: Firstly,

that this number should not be less than five, because Shari'ah does not obligate zakah

on any amount less than five camels, five wasq of grain, or five uqiyyah of silver

currency. This indicates that five should be the lowest quantity considered for

zakatability. Secondly, that the value of nisab should equal that of five camels or 40

sheep in an area where prices are close to average. Estimating value on the basis of the

value of camels or sheep is better than estimating on the basis of money, because (a) the

purchasing power of money is usually volatile, and (b) it is much more correct to draw

an analogy between two animals than between animals and money; likewise it is better

to estimate nisab on new animals with reference to old animals than with reference to

money.

SECTION TEN

GENERAL PRINCIPLES DERIVED FROM THE PREVIOUS

SECTIONS

The discussion in the previous sections of this chapter has been lengthy because

Shari'ah itself dictates many principles and rulings about zakah on livestock that may

not be as detailed in other areas of zakah, and because the lengthy analysis of this issue

uncovers important principles that will be of great benefit in understanding the essence

of zakah in general. Among these principles are the following:

1. Zakah, although a worship, is also a public institution supervised by the Islamic

state. Appointing and sending zakah commissioners is the duty of the Islamic state.

2. Zakah regulations balance the concerns of the poor on one hand and the interests

of the rich on the other hand, so that small quantities of wealth are exempted from zakah

and average quality assets only are accepted as zakah payment.

3. The expensive upkeep of an asset reduces zakah or waives it on that asset. For

that reason, the majority of leading jurists consider manually fed animals exempt from

zakah on the ground that they cost as much as they profit the owner.

112

4. A transformation of a growing asset from its use for profit to personal use

exempts it from zakah, according to the majority of scholars with regard to cows and

camels used for watering, cultivation, and carrying personal loads.

5. Shari'ah treats the common property of partnerships as one unit, which may

constitute a foundation for handling contemporary corporations.

6. Shari'ah refuses to accept any loopholes in zakah and does not allow the

combination or separation of assets for the purpose of decreasing zakah.

7. Analogy can be used in zakah because its rulings have rational reasoning behind

them. If these reasons exist in another asset, zakah can be extended. That is why 'Umar

obligated zakah on steeds. I advocate obligating zakah on all naturally, cost-free

pastured animals, even though they may not have been known at the time of the Prophet

or the Successors.

8. Some rulings given by the Prophet (p) can be categorized as regulations coming

from the head of the Islamic state and not religious principles coming from within his

capacity as a Prophet. These two types of rulings must be clearly known and

distinguished. This, for example, explains the slight differences among the letters of

instructions given by the Prophet (p) and his Successors.

9. Nisab for animals is twice as much as nisab for money. In correct saying , two

sheep are estimated at 20 dirhams, so 40 sheep equal 400 dirhams. It is unamiously

known that nisab for money is 200 dirhams.

10. Zakah -- even on livestock -- is a proportional due. It is not regressive as

wrongly understood by some contemporary writers. The reduction of the rate for larger

quantities of sheep is done for a specific reason explained earlier.

11. The rate of zakah on animals is approximately one-fourth of one-tenth (2.5%) as

is obvious in the case of camels and cows and taking into consideration the explanation

given earlier in the case of sheep. The rate of zakah on animals is similar to that on

money and business asset.

These principles are worthy of being remembered, for they will help, God willing,

the understanding of the following chapters.

Footnotes

28. Al Nawawi says in al Majmu', Vol. 5, p. 409, quoting al Khattabi, "It seems that the

Prophet (p) made two sheep or 20 dirhams equal the difference in one year of age for

camels, because of the difficulty of going to court or to appraisers to determine the

exact worth of different age camels in the remote places where zakah was collected on

camels. The Prophet (p) did not want to leave this value for the zakah collector to

decide. Al Khattabi thinks that this estimation of two sheep or 20 dirhams is binding,

like a religious rule. This is the opinion of al Shafi'i, Ahmad, and the school of hadith.

The author of al Fath writes that it is reported from al Thawri that the difference is ten

dirhams; a version is also reported from Ishaq. Al Shawkari quotes Zaid bin 'Ali as

saying, "The difference of one year of age equal one sheep or ten dirhams." According

to Malik, the owner of camels is required to buy a camel of the necessary age to fulfill

zakah, while according to Abu Hanifah, they should resort to evaluation. See al Fath,

Vol. 4, p. 62, al Halabi Print, and Nail al Awtar, Vol. 4, p. 109, al Halabi Print.

.

39. There is a slight difference on the quantity between 121 and 129. According to Malik,

the collector has a choice of taking two camels that are three years old, or three camels

that are two years old, while according to Shafi'i it must be three of the two year old

camels only, A third view given by Ibn al Majashaw, a disciple of Malik, is that the

collector must only take two camels that are three to four years old. Once the camels

reach 130 in number, all agree on the rest of the table. See Bidayat al Mujtahid, Vol. 1,

p. 221, and Bulghat al Salik with commentary, Vol. 1, p. 208, and al Mirqat on al

Mishkat, vol, 3, p, 49-50. 40

. Al Muhalla, Vol. 6, p. 39.

54. Among these slight variations, one may include the differences about quantities above

120 camels, that is, whether we start the rate again as if it were from five camels, or

we follow the table on page 178.

is commonly known in Yemen." See al Mirqat, Vol. 3, p. 71.

86. Reported by Abu Daud in his Sunan, chapter on ransoms, section on the amount of

ransom. From 'Amr bin Shu'aib, from his father his grandfather, who said, "The

ransom used to be at the time of the Messenger of God (p) 800 dinars or 8000 dirhams

. . . this remained in effect until 'Umar took over as Khalifah, and he announced,

Camels have become expensive, then 'Umar ordered ransoms to be 1000 dinars of

gold or 12000 dirhams of silver, or 200 cows or 2000 sheep or 200 garments . . . " Abu

Daud reports from 'Ata bin Aba Rabah, "The Messenger of God (p) gave his

judgement on ransome. For those who own camels it is 100 camels, for those who own

cows, it is 200 cows, . . " etc. This is mursal [the name of the Companion does not

appear in the chain]. In another version, 'Ata narrates from Jabir bin 'Abd Allah, "The

Messenger of God imposed . . .etc.

87. Schacht mentions in the Encyclopedia of Islam, vol, 10, p. 359, Arabic translation, that

nisab is 20 cows. I am aware of no place where he might have got this figure from.

PART-2

MY RESEARCH WORK

Basic points

Zakat is an Islamic economic or revenue system. Therefore, it has to be based on

mathematics and not on narrations only.

It is also based on social and economic equality and justice, the basic principles of

Islam.

It is an integrated system and, therefore, needs to be studied as such, rather than

in bits and pieces. That’s why its principle is based on this Hadith;. “ Zakat is

obligatory on GHANI or rich, it will be taken from rich and given to the poor or

masakin.”

Therefore, Nisab is actually a measure of richness or poverty. It may be equated

with modern POVERTY LINE. Those above it will be categorized as RICH, and will

be zakat taxed. Those below it, will be termed as POOR, and will be eligible to

receive help as per their family’s needs.

All the nisabs of money, animal wealth, agricultural wealth, are equal in money

value, so that each category will be able to ensure and to satisfy the yearly

needs of the families to a respectable standard.

During the time of Holy Prophet, pbuh, the Standard was 200 silver dirhams, or

20 gold dinars, which is equal to Hanafi standard 612.32 grams silver or 87.48

grams gold today. (In Pakistan, 87.48 grams gold is actually sufficient for yearly

income of an average family of seven, but it is not sufficient in USA .or any

developed western country.)

Comparison of nisabs or yearly needs/ CONSUMER basket during the

time of Holy prophet, pbuh,

Monetary wealth; 200 dirhams Rate of zakat ;- 2.5%

Animal wealth;-- 400 dirhams rate of zakat; 2.5%

Therefore , nisab of animals is twice the nisab of money

HIKMAT IN DOUBLING THE NISAB is that half the mature animals are sold to

generate 200 dirhams for basic needs of the family. For example, 20 goats will

fetch 200 dhs, because price of goat was 10 dhs in holy Prophet’s time.

Similarly , 5 camels equal 400 dhs and selling two female camels(fc)will fetch 200

dhs for consumer basket.

That is the reason for fixing a minimum number of animals in each nisab.

The silver nisab has lost its utility because of rapid fall in exchange rate of silver

dirham to gold dinars. Therefore, we need to use double the gold nisab as

standard for our calculations to check the validity of animal nisab, based on local

prices of animals in each country.

DECODING OF NISAB CONSTRUCTION

The basic narration of Hadith is given below, from which we will first deduce the prices of animal during the time of holy prophet,pbuh. Al Nawawi in al Majmu'

says that the quantities and amounts of

zakah on livestock come from the two saying narrated by Anas and Ibn 'Umar.

(First Part of Hadith from which we can deduce pricws of animals)

BASIC HADITH;: Anas narrated that Abu Bakr, the Truthful wrote this

message when he sent him to

Bahrain:

In the name of God, most merciful, most gracious. This is the obligation of

sadaqah imposed on Muslims by the Messenger of God (P), as ordained to him by God.

Whoever is asked to pay it according to these rules must give it, and whoever is asked to

pay more should refuse. On each 24 camels or less, zakah is due in sheep. On each five

camels, one sheep is required.

Once they reach 25 and up to 35 one female camel, one to

two years old, is required.

From 36 to 45, there is one she-camel two to three years old.

If they reach 46 to 60, there is one she-camel three to four years old due, one that can be

bred.

If they reach 61 to 75, one she-camel four to five years old is due.

If they reach 76to 90, there is two she-camels two to three years old due.

If they reach 91 to 120, thereare two she-camels, three to four years old due.

If they are more than 120, for each 40there is one she-camel two to three years old, and for

each 50 there is one she-camelthree to four years old.

A person who owns [up to] four camels is not zakatable unlesshe volunteers, but if they

reach five camels, one sheep is due on them as zakah.

In the

sadaqah on sheep, if they are naturally, cost-free pastured, and number between 40 and120

sheep, there is one sheep due.

For more than 120 and up to 200, there are two sheep. For more than 200 up to 300 there are three sheep. For more than 300, the amount of

zakah is one sheep for each 100 or a fraction therein.

If a person owns less than 40 naturally cost-free pastured sheep, there is no sadaqah unless

the person wishes tovolunteer.

On mint currency there is one-fourth of one-tenth due . If a person own only190

dirhams, there is nothing on them except by the voluntary initiative of the owner"

(Second part of Hadith from which we can deduce values of animals)

The letter further states,

"The person whose zakah is a female camel, one to two years old, and who

has none of that age , but one in the next higher age bracket, it is acceptable,

and the zakah collector returns to him the difference, twenty dirhams or two

sheep.

If he owes a she-camel one to two years old but does not have it, a male camel

between two and three years old is accepted in its place.

A person who owes as zakah one she-camel four to five years old and has

none in that age group, but has a she-camel one year younger, may pay the

younger along with two sheep if available, or twentydirhams.

A person who owes as zakah one female camel three to four years old and

does not have any in that age bracket can pay one female camel in the next

higher age bracket and the collector then returns to him 20 dirhams or two

sheep.

Nor a person who is required to pay sadaqah in the amount of one female

camel three to four years old andhas only a female camel in the age group of

two to three years old, it can be acceptedfrom him, along with two sheep or 20

dirhams.

For a person whose sadaqah should beone female camel two-three years old

who has one a year older, it is an acceptablesubstitute the zakah collector

returns to him 20 dirhams or two sheep.

If a person sadaqah is one female camel two to three years old and he does not

have it, but has one a year younger, it is acceptable as zakah along with 20

dirhams or two sheep. An old, damaged or defected animal is not accepted as zakah, nor should the collector take a ram unless it is volunteered as extra sadaqah by the zakah payer. What is divided should

not be added together, and what is together a zakatable unit must not be divided in order

to avoid zakah.

29 For cattle owned by partners,30 partners would settle the account

among themselves in proportion to their shares. Al Nawawi says "this letter is reported

by al Bukhari in his correct collection, scattered throughout the chapter on zakah. I put it

back together."31 It is also reported by Ahmad, 'Abu Daud, al Nasai and al Daraqutni.

The latter adds "The chain is correct and the narrators are all trustworthy," as in al

Muntaqa.32 Al Shaukani says "It is also reported by al Shaukani, al Baihaqi, and al

Hakim, Ibn Hazm says this message is maximum in correctness. It is also graded correct

by Ibn Habban and others

ZAKAH ON CAMELS The unanimous agreement of Muslims, as well as several correct sayings of the

Messenger of God (p) and reports from his Companions indicate nisab of camels and the

rates of nisab on them are as follows:

Number of Camels Amount Due as Zakah

From To 5-9 1 sheep

10- 14 2 sheep

15 -19 3 sheep

20 -24 4 sheep 25 -35 female camel between 1 and 2 years old

36- 45 female camel between 2 and 3 years old



76 -90 2 female camels between 2 and 3 years old

91- 120 2 female camels between 3 and 4 years old

There is ijma on this schedule, except for a report from 'Ali that on 25 camels there

is five sheep and on 26 camels there is one female camel between one and two years

old. Ibn al Mundhir says. The unanimity is not broken, because what is reported from

'Ali is not authentic. The saying of Anas on these quantities and amounts is correct and

there is a unanimous agreement on its content.

For more than 120 camels the majority's

view is that for each additional 50 camels the additional amount of zakah is a female

camel between three and four years old while on each additional 40 camels the

additional amount of zakah is a female camel between two and three years old.22 This is

shown in the following table :

BASIC ELEMENTS IN CALCULATIONS OF ZAKAT ON CAMELS

For mathematical calculations and analysis of nisabs, we need to know the

following values of animals( these have been derived from Ahadiths)

Price of camel; it was 80 dirhams

Price of Goat ; it was 10 dirhams

Price of Bint- Makhadh , 1 to 2 years old female camel; it was 60 dhs

Price of Bint -Laboon, 2 to 3 years old fc; it was 80 dirhams

Price of Hiqqa, 3 to 4 years old fc; it was 100 dirhams

Price of Jiz-a’ 4 to 5 years old fc; it was 120 dirhams

Their prices are given in the text of Hadith of Hazrat Ans, not directly but

indirectly, which need to be deduced and explained so that everyone is convinced

that these were the actual prices during the time of Holy Prophet, pbuh, on which

the nisab brackets were designed mathematically.

DEDUCTION OF PRICES OF ANIMALS

Note-1;- ‘Female camel’ is abbreviated fc and ‘Years old’ is abbreviated yo

Note-2 In the reference Hadith on zakat, there are two places where the prices of female

camels are quoted. One in the beginning, where the nisab brackets are given and the second

place is where one goat can be given if the fc of required age is not available for payment of

zakat. I have used the second part first for calculations and second part later. The reason for

this is that the prices deduced from this part are not correct and do not fit in the subsequent

brackets of the nisab. A comprehensive analysis of the complete nisab is done later.

1-FINDING PRICE OF A CAMEL

Price of camel can be found by two ways; firstly from diyyat money and secondly from price

of a goat.

a-FROM DIYYAT MONEY:-An authentic way of finding the price of one camel is from the

value of diyyat. Diyyat was 100 camels and its equivalent in money was 800 dinars or 8,000

Dirhams during Holy Prophet’s time. Therefore , it can be easily deduced that the price of one

camel was 8 Dinars or 80 dirhams.

b-FROM PRICE OF A GOAT;

We know from the Hadith that difference of zakat between two successive younger and

older fc is 20 dirhams and if one did not have the requied fc ,the zakat payer could ,instead,

give two goats. This means that price of two goats was 20 dhs and thus of one goat it comes

to 10 dhs.

Having known the price of one goat, we can easily find the price of a camel from the fact that

zakat on five camels is one goat or 10 dhs.

Formulae

a- price of One goat = Zakat on 5 camels @ 2.5% = price of 5 camels x2.5%

b-Therefore, price of 5 camels is = price of a goat = 100x10dh =400dh

2.5% 2.5

c-Therefore, the price of one camel = Price of 5 camels 400dh = 80dh

5 5

FINDING PRICE OF FEMALE ANIMALS

a- Finding Price of Bint Laboon ( 2-3 yo fc )

Price of Bint Laboon = Zakat on 40 camel = Price of 40 Camel x 2.5%

100

= 40x80x2.5= = 80dh

100

Therefore, Price of Bint Laboon is established as 80dh

b-FINDING PRICE OF HIQA(4-5 yo fc)

Price of HIQA= Zakat on 50 camels = Price of 50 camel x 2.5%=50x80x2.5 = 100Dh

100 100

Therefore,the price of one hiqa is established as being =100dhs

c-FINDING PRICE OF BINT- MAKHADH (1-2 yo fc )

Difference of price between Bint-Makhadh(1-2YO) &Laboon (2-3YO) = 20Dh

Because Bint- makhadh is younger than Bint- Laboon, therefore its price is less than laboon

Price of Makhadh = Price of BintLaboon minus 20Dh = 80 Dh – 20 dh = 60 Dh

Therefore, price of bint makhadh is established as being 60 dhs

d- FINDING PRICE OF JIZZ’A(3-4 yo fc )

Difference in Price of Hiqa (3-4 yo fc) and Jizza (4-5 yo fc) = 20 Dh

Because Jizz’a is older and has higher price than Hiqqa, therefore,

Price of Jizza = Price of Hiqa plus 20 Dh= 100 Dh + 20 Dh= 120 Dhs

Therefore, price of hiqa is established as 120 dhs.

DEDUCTION OF PRICES OF Female Camels FROM THE FIRST PART OF HADITH

Zakat on 25 -35camls=25x80Dhx2.5%= 50 dhs= price of bint-makhadh

Zakat on 36 -45camls=36x80Dhx2.5%= 72 dhs= price of bint-laboon

Zakat on 46 -60camls=46x80Dhx2.5%= 92 dhs= price of hiqa

Zakat on 61 -75camls=61x80Dhx2.5%= 122 dhs= price of jizz’a

Difference in Prices

Between bint-makhadh and bintlaboon 72-50= 22 dhs

Between bintlaboon and hiqa 92-72= 20 dhs

Between hiqa and jizz’a 122-92= 30 dhs

( These prices and the difference between prices of each is in conflict with those deduced

from the second part of hadith. As the prices of second part are correct and tally with other

narrations and decisions of Imams, their analysis is done first so that reader is convinced of

the findings of this research paper and then will be able to see the gross error in the first part

of the hadith narration)

After having ascertained the prices of camels and animals to be given in zakat , it now just

remains for us to fill the prices in each bracket of a nisab , to calculate precisely the zakat

money, nisabs and establish the accuracy of their narrations, and if some error exist in

narration, then modify it . During such reconstruction of nisabs, we have to ensure that

multiples of 40 and 50 camels are present in the nisabs, as required by the Hadith.

HOW WERE NISAB CONSTRUCTED

FINDIND ZAKAT MONEY;-

The Basic formula for calculation of zakat on camels is based on the prices of camels at the

rate of 2.5% and the zakat is calculated in money but can be paid , by animals in lieu, or

animals and money both ,as explained in the master Hadith on zakat on animals. Therefore

the basic formula on finding zakat money is like this;-

BASIC FORMULA OF FINDING ZAKAT MONEY

Zakat on camels = number of camelsxprice of one camelx2.5%= zakat in dhs which is

accutally the Price of an animal, a goat or a fc

For example,Zakat on 5 camels = 5 camelsx80 dhs per camelx2.5%= = 10 dhs = Price of Goat

THUMB RULE FOR CALCULATION OF ZAKAT MONEY

Zaakt on one camel = one camelx80 dhs per camelx2.5%= = 2dhs

For any number of camels we can just multiply the number with 2 dhs and we will know the

amount of zakat ,for example if in third bracket,nisab is 15-19 camels,then we just multiply 15

camels with 2dhs/camel and zakat money comes to 30 dhs, which is equal to three (3)

goats.We can thus, make a chart of all calculations for easy understanding .

CONSTRUCTION OF NISABS BY MATHEMATICAL METHOD

Nisab Size of

Bracket

Zakat

Calculation

Amount of

Zakat

Animal in Zakat

0-4 5 Nil Nil Nil

5-9 5 5x80Dhx2.5%= 10Dh 1 Goat

10-14 5 10x80Dhx2.5%= 20Dh 2 Goat

15-19 5 15x80Dhx2.5%= 30Dh 3 Goat

24-20 5 20x80Dhx2.5%= 40Dh 4 Goat

25-29 5 25x80Dhx2.5%= 50Dh 5 Goat

30-39 10 30x80Dhx2.5%= 60Dh 1- BintMakhas

40-49 10 40x80Dhx2.5%= 80Dh 1 -BintLaboon.this is first

multiple of 40

50-59 10 50x80Dhx2.5%= 100Dh 1 -Hiqa .this is first

multiple of 50

60-79 20 60x80Dhx2.5%= 120Dh 1 Jizza

80-99 20 80x80Dhx2.5%= 160Dh 80+80dh=2 BintLaboon.

Second multiple of 40

100-119 20 100x80Dhx2.5%= 200Dh 100+100dh=2 Hiqa .second

multiple of 50

120-129 10 120x80Dhx2.5%= 240Dh 80+80+80dh=3 Bintlaboon

130-139 10 130x80Dhx2.5%= 260Dh 100+80+80dh=3

Bintlaboon

140-149 10 140x80Dhx2.5%= 280Dh 100+100+80dh=2 Hiqa + 1

laboon

150-159 10 150x80Dhx2.5%= 300Dh 100+100+100dh.3

Hiqa.third multiple of 50

160-169 10 160x80Dhx2.5%= 320Dh 80+80+80+80dh= 4

Laboon. fourth multiple of

40

170-179 10 170x80Dhx2.5%= 340Dh 80+80+80+100dh=3

Bintlaboon + 1 Hiqa

180-189 10 180x80Dhx2.5%= 360Dh 100+100+80+80dh=2 Hiqa

+ 2 Bintlaboon

190-199 10 190x80Dhx2.5%= 380Dh 100+100+100+80dh=3Hiqa

+ 1Bintlaboon

200-209 10 200x80Dhx2.5%= 400Dh 100+100+100+100dh= 4

Hiqa or 5 Bint- Laboon

80+80+80+80+80dh =

In the chart above, Size of brackets remain 5 camels during zakat in goats, then increases to ten for fc

,but for three brackets ,60 to 119,it increases to 20.to adjust to higher difference in zakat money in each

bracket.

IF WE KNOW ZAKAT MONEY, THEN WE CAN FIND THE NUMBER OF CAMELS IN

EACH BRACKET;- THIS IS THE ACTUAL METHOD TO CONSTRUCTION OF NISAB

BRACKETS

We can also make reverse formula by saying that if know the animal in zakat and its value

in dhs, then we can find the number of camels in that bracket whose zakat is equal to that

money or animal. The formula can be derived like this;-

FORMULA FOR FINDING NUMBER OF CAMELS IN EACH BRACKET

IF, Zakat on camels = number of camelsxprice of one camelx2.5%= zakat in dhs or Price of

animal,goat or fc

Then, number of camels in the bracket= zakat in dhs

price of one camelx2.5%

For example, Zakat on 5 camels = 5 camelsx80 dhs per camelx2.5%= = 10 dhs or one ,goat

Then, , number of camels in that bracket= zakat in dhs = 10dhs

price of one camelx2.5% 80 dhsx2.5%

= 10 dhs x 100 = 10 dhs x 100 = 5 camels

80 x 2.5 = 200

This means that the first bracket starts with 5 camles but we do not know the second

number of the bracket. To find this umber, we will need to find the first number of the

second bracket. As the zakat of next bracket is two goats, we can find the number of camels

by the formula, which will be;-

number of camels in second bracket= zakat in dhs = two goats or 20dhs

price of one camelx2.5% 80 dhsx2.5%

= 20 dhs x 100 = 10 dhs x 100 = 10 camels

80 x 2.5 200

Therefore, the second bracket starts with 10 camels. Thus, the last number in the previous

bracket will be one less than the first number of succeeding bracket, that is it will be 9, and

the first bracket will become 5-9 camels, with a size of bracket of 5 camels.

THUMB RULES FOR CALCULATIONS

As the zakat on one camel works out to be, 80 dhs x 2.5% = 2 dirhams, and price of one

goat is 10 dhs, it means the size of each bracket will automatically work out to be 5 camels by

this formula ;-

number of camels in a bracket= zakat in dirhams divided by two dhs/ camel

= zakat in dirhams

2 dhs/ camel

For example , in the second bracket, the zakat is two goats or 20 dhs, the number of camels

in start of bracket will be 20 dhs / 2 dhs per camel= 10 camels.

all the brackets will be built in this manner and will be;-

for one goat in zakat .niasb bracket will be5-9 camels

for two goat s in zakat .niasb bracket will be10-14 camels

for three goats in zakat .niasb bracket will be15-19 camels

for four goats in zakat .niasb bracket will be20-24 camels

for five goats in zakat .niasb bracket will be25-29 camels

As the price of Bint- Makhadh is 60 dirhams, which will be equal to 30 camels, the zakat will

now be worked out only in female camels ,instead of goats from 30 camels onward.

As the price difference between each female camel is 20 dirhams,therefore, the size of each

bracket will be double that of goats , that is it will become 10 camels. Therefore ,the new

crackets will become like this;-

For one bint- makhad (price 60 dhs )in zakat, nisab bracket will become 30-39 camels.

For one bintlaboon( price 80 dhs) in zakat, nisab bracket will become 40-49 camels

For one hiqqa ( price 100 dhs ) in zakat, nisab bracket will become 50- 59 camels.

I have made a chart to give all calculations. This will make things easy and clear to

understand.

CALCULATION OF CAMELS ACCORDING TO THE TYPE OF ANIMAL IN ZAKAT AS PER

MATHEMATICAL FORMULA

Animal in Zakat Amount of Zakat (Dh) No of Camels in Nisab

1 Goat 10 Dh 5 Camels

2 Goat 20 Dh 20dh x 100 = 10 Camels

80dh x 2.5


80dh x 2.5


80dh x 2.5


80dh x 2.5

6 Goat = BintMukhas 60 Dh 60dh x 100 = 30 Camels

80dh x 2.5

1 BintMukhas 60 Dh 60dh x 100 = 30 Camels

80dh x 2.5

1 BintLaboon 80 Dh 80dh x 100 = 40 Camels

80dh x 2.5

1 Hiqa 100 Dh 100dh x 100 = 50 Camels

80dh x 2.5

1 Jizza 120 Dh 120dh x 100 = 60 Camels

80dh x 2.5

2 Laboon 160 Dh 160dh x 100 = 80 Camels

80dh x 2.5

2 Hiqa 200 Dh 200dh x 100 = 100 Camels

80dh x 2.5

Thus , we can calculate backwards from amount of zakat to the number of camels in a bracket and construct the Nisab to any number of camels.

DIFFERENT COMBINATIONS OF ANIMALS IN ZAKAT

‘’qarzawi- The reconciliation proposed by al Tabari is undoubtedly is acceptable if we

keep in mind that the determination of ages and quantity of camels due as zakah is meant

to facilitate zakah calculation, payment, and collection, and to simplify the procedures so

that the zakah collecting agency can exercise some discretion.’’’ As opined by qarzawi,we can also make any combinations of animals to facilitate payment of

zakat by Zakat-payer. The aim should be to facilitate full payment of zakat. Therefore, I have

shown how we can make various combinations of animals to suit the zakat payer and

yet pay full zakat. These are given in chart below.

EXAMPLES OF MAKING DIFFERENT COMBINATIONS OF ANIMALS FOR ZAKAT

Nisab Size of

Bracket

Zakat

Calculation

Amount of

Zakat

Animal in Zakat

0-4 5 Nil Nil Nil

5-9 5 5x80Dhx2.5%= 10Dh 1 Goat

10-14 5 10x80Dhx2.5%= 20Dh 2 Goat

15-19 5 15x80Dhx2.5%= 30Dh 3 Goat

24-20 5 20x80Dhx2.5%= 40Dh 4 Goat

25-29 5 25x80Dhx2.5%= 50Dh 5 Goat

30-39 10 30x80Dhx2.5%= 60Dh 6 Goat=1 BintMakhas

40-49 10 40x80Dhx2.5%= 80Dh 1 BintLaboon

50-59 10 50x80Dhx2.5%= 100Dh 1 Hiqa

60-79 20 60x80Dhx2.5%= 120Dh 1 Jizza

80-99 20 80x80Dhx2.5%= 160Dh 80+80dh=2 BintLaboon. Or

60+100dh

100-119 20 100x80Dhx2.5%= 200Dh 100+100dh=2 Hiqa .


or 60+80+100dh


or60+100+100dh

140-149 10 140x80Dhx2.5%= 280Dh 100+100+80dh=2 Hiqa + 1

laboon

150-159 10 150x80Dhx2.5%= 300Dh 100+100+100dh.=3 Hiqa.

Or 60+80+80+80dh

160-169 10 160x80Dhx2.5%= 320Dh 80+80+80+80dh or

60+60+100+100dh or

80+80+60+100 dh or

60+60+100+100 dh

170-179 10 170x80Dhx2.5%= 340Dh 80+80+80+100dh=3 or

60+60+60+60+100+10

180-189 10 180x80Dhx2.5%= 360Dh 100+100+80+80dh

or260+100+100+100dh

190-199 10 190x80Dhx2.5%= 380Dh 100+100+100+80dh=3Hiqa

+ 1Bintlaboon

200-209 10 200x80Dhx2.5%= 400Dh 100+100+100+100dh= 4

Imam Abu Hanfa is more liberal and flexible in making different combination of zakat animals to

facilitate the zakat giver. Similarly if we keep Bint- Makhadh also in calculations of zakat then

there will be more choice in making combinations. This will be shown in the next chart. In this

method, size of each bracket will be 5 camels

ZAKAT AS PER IMAM ABU HANIFA After 120 CAMEL S

S # Nisab Amount of Zakat (Dirhams) Selection of Animals in Zakat

1 120-124 120x80Dhx2.5%=240 Dh 80+80+80=3BintLaboon

2 125-129 125x80Dhx2.5%=250 Dh 80+80+80+10 = 3 // Laboon + 1 Goat

3 130-134 130x80Dhx2.5%=260 Dh 80+80+80+10+10 = 3 // Laboon + 2 Goat

4 135-139 135x80Dhx2.5%=270 Dh 80+80+80+30= 3 // Laboon + 3 Goat

5 140-144 140x80Dhx2.5%=280 Dh 80+80+80+40+= 3 // Laboon + 4 Goat

6 150-154 145x80Dhx2.5%=290 Dh 80+80+80+50= 3 // Laboon + 5 Goat

7 155-159 150x80Dhx2.5%=300 Dh 100+100+100 = 3 Hiqa

8 160-164 155x80Dhx2.5%=310 Dh 100+100+100+10 = 3 Hiqa + 1 Goat

9 160-164 160x80Dhx2.5%=320 Dh 100+100+100+20 = 3 Hiqa + 2 Goat

10 165-169 165x80Dhx2.5%=330 Dh 100+100+100+30 = 3 Hiqa + 3 Goat

11 170-174 170x80Dhx2.5%=340 Dh 100+100+100+40 = 3 Hiqa + 4 Goat

12 175-179 175x80Dhx2.5%=350 Dh 100+100+100+50 = 3 Hiqa + 5 Goat

13 180-184 180x80Dhx2.5%=360 Dh 100+100+100+60 = 3 Hiqa + 1 BintMakhas

14 185-189 185x80Dhx2.5%=370 Dh 100+100+100+70 = 3 Hiqa + 7 Goat or

(1 Makhas + 1 Goat)

15 190-194 190x80Dhx2.5%=380 Dh 100+100+100+80 = 3 Hiqa + 1 BintLaboon

16 195-199 195x80Dhx2.5%=390 Dh 100+100+100+80+10 = 3 Hiqa + 1 Laboon +

1 Goat

17 200-204 200x80Dhx2.5%=400 Dh 100+100+100+100 = 4Hiqaor (50 camel

multiple)

80+80+80+80+80 = 5 BintLaboon (40 camel

Multiple)

NISAB OF OTHER ULEMA AFTER 120 CAMELS

In this nisab construction, ulema have restricted themselves to only laboon anh hiqa for

payment of zakat. This will result in size of bracket to become 10 camels.

Nisab of Camels Size of

Bracket

Zakat in Animals

121-129 10 3 BintLaboon

130-139 10 1 Hiqa + 2 BintLaboon

140-149 10 2Hiqa + 1BintLaboon

150-159 10 3 Hiqa


170-179 10 3BintLaboon + 1 Hiqa

180-189 10 2BintLaboon + 2Hiqa

190-199 10 3Hiqa + 1 BintLaboon

200-209 10 4 Hiqa or 5 BintLaboon

NISAB OF HAZART ABU BAKER AS PER HADITH AND ITS ANALYSIS

Now we will check the nisab for accuracy of narrations mathematically

Nisab of Camels Size of Bracket Zakat in Animals

0-4 Nil Nil

5-9 5 1 Goat

10-14 5 2 Goat

15-19 5 3 Goat

20-24 5 4 Goat

25-35 11 BintMakhas (Nisab of Hazrat

Ali 5 Goat)

36-45 10 BintLaboon

46-60 15 Hiqa

61-75 15 Jizza


91-120 30 2 Hiqa

ANALYSIS OF NISAB OF ABU BAKR

A; . Prices of female camels;- But according to hadith of hazrat Abu bakar, the

prices become totally different, .Their prices are as follows;-

Zakat on 25 -35camls=36x80Dhx2.5%= 50 dhs= price of bint-makhadh

Zakat on 36 -45camls=36x80Dhx2.5%= 72 dhs= price of bint-laboon

Zakat on 46 -60camls=46x80Dhx2.5%= 92 dhs= price of hiqa

Zakat on 61 -75camls=61x80Dhx2.5%= 122 dhs= price of jizz’a

C;- Difference in Prices

Between bint-makhadh and bintlaboon 72-50= 22 dhs

Between bintlaboon and hiqa 92-72= 20 dhs

Between hiqa and jizz’a 122-92= 30 dhs

Now we will check the subsequent brackets for accuracy of these prices, by calculating the

zakat money and combinations of fc

Zakat on 76- 90 = 76x80Dhx2.5%= 152 dhs= 76+76= bint laboon. This cannot be correct as

calculated price of bint laboon is 72 dhs, and two laboons should cost 144dhs,not 152 dhs.

Zakat on 91- 120 = 91x80Dhx2.5%= 182 dhs= 91+91. This cannot be correct as calculated

price of bint laboon is 92 dhs, and two laboons should cost 184 dhs,not 182 dhs

Therfore, this nisab does not agree with the nisab , based on calculation of second part of

hadith.

If we want to follow these prices of fc , the nisab should be reconstructed as below;-

Two laboons= 72-72=144 dhs. Therfore, the bracket should be 72-91, and not 76-91

Two hiqqa = 92+92= 184 dhs. Therefore the bracket should be 92-107, not 91-120

For each multiple of 40, Laboon is to be given. Similarly for each multiple of 50, hiqa is to be

given. No combination of laboon(72dhs) or hiqa ( 92dhs) or their multiples will equal the

zakat money, because zakat of these two multiples ,120,160,will be 240 and 320 dhs and

not 72x 3=216 dhs or 72x 4=288 dhs

CON CLUSION:- You will notice from above data that;-

The nisab of goats up to 20-24 camels is the same in all books and our calculations .But

Prices of fc are IN TOTAL CONFLICT WITH THOSE IN THE SECOND PART OF HADITH .

THE SIZE OF BRACKETS ARE IRREGULAR . Once we fit prices of fc in subsequent brackets, they

do not fit or tally at all.

Brackets of 40 and 50 camels are not included in this nisab, which is a requirement as per

hadith.

Therefore, in my opinion we can safely say that this whole nisab in

First Part ofHadith -e -Ans, needs further research to find out why

there is such a vast difference and how it can be reconciled with the

Second Part of Hadith.

All the above findings are shown in the chart below

CHART SHOWING ERRORS IN NISAB OF HAZRAT ABU BAKR.

Nisab Size of Bracket Zakat

Calculation

Amount of

Zakat

Animal in Zakat

0-4 5 Nil Nil Nil

5-9 5 5x80Dhx2.5%= 10Dh 1 Goat

10-14 5 10x80Dhx2.5%= 20Dh 2 Goat

15-19 5 15x80Dhx2.5%= 30Dh 3 Goat

20-24 5 20x80Dhx2.5%= 40Dh 4 Goat

25-35 11 25x80Dhx2.5%= 50Dh. Price of

bint makhadh

1 bint makhadh.( actual

price is 60 dhs)

36-45 10 36x80Dhx2.5%= 72Dhs.Price of

laboon

Bint laboon( actual price

is 80 dhs)

46-60 15 46x80Dhx2.5%= 92Dhs.price of

hiqa

1 hiqa( actual price is

100 dhs)

61-75 15 61x80Dhx2.5%= 122Dhs.Price of

jiz’a

1 jizz’a( actual price is

120 dhs)

76-90 25 76x80Dhx2.5%= 152Dhs 2bint laboon=

72+72=144dhs.this does

not tally with 154dhs

91-119 20 91x80Dhx2.5%= 182Dh 2 hiqa=92+92=184dhs.

This does not tally with

182dhs.

120-159 20 120x80Dhx2.5%= 240 dhs Third multiple of 40-

has to be part of nisab

but no combinationof

laboon can fit 240

160-199 10 160x80Dhx2.5%= 320 dhs Forth multiple of 40.

But no combination of

laboon can equal 320

dhs

200- 10 200x80Dhx2.5= 400 Fourth multiple of 50.

No combination of hiqa

can equal 400 dirhams

ty

FINAL NISAB OF CAMELS, AS PER HOLY PROPHETS (PBUH) DIRECTIVE

Nisab (Bracket size) Zakat in Dirhams Zakat in Animals

0-4 5 Nil Nil

5-9 5 10 Dirhams 1 Goat

10-14 5 20 -//- 2 -//-

15-19 5 30 -//- 3 -//-

20-24 5 40 -//- 4 -//-

25-29 5 50 -//- 5 -//-

30-39 10 60 -//- 1 Makhadh

40-49 10 80 -//- 1 BintLaboon .first multiple of 4

50-59 10 100 -//- 1 Hiqa first multiple of 50

60-79 20 120 -//- 1 Jizza

80-99 20 160 -//- 2 BintLaboon second multiple of 40

100-119 20 200 -//- 2 Hiqa second multiple of 50

120-129 10 240 -//- 3 BintLaboon third multiple of 40

130-139 10 260 -//- 1 Hiqa + 2 Laboon

140-149 10 280 -//- 2 Hiqa + 1 Laboon

150-159 10 300 -//- 3 Hiqa third multiple of 50

160-169 10 320 -//- 4 BintLaboon fourth multiple of 40

170-179 10 340 -//- 1 Hiqa + 3 Laboon

180-189 10 360 -//- 2 Hiqa + 2 Laboon

190-199 10 380 -//- 3 Hiqa + 1 Laboon

200-209 10 400 -//- 4 Hiq, 5th multipleof 40,4th multipleof 50

210-219 10 420 -//- 1 Hiqa + 4 Laboon

220-229 10 440 -//- 2 Hiqa + 3 Laboon

230-239 10 460 -//- 3 Hiqa + 2 Laboon

240-249 10 440 -//- 6 Laboon sixth multiple of 40

250-259 10 500 -//- 5 Hiqa fifth multiple of 50

260-269 10 520 -//- 2 Hiqa + 4 Laboon

270-279 10 540-//- 3 Hiqa + 3 Laboon

280-289 10 560 -//- 7 Laboon (40x7 camel)

300-? 600 -//- 6 Hiqa (50x6camel)

CONCLUDINF REMARKS

I have done the elementary analysis of nisabs of holy Prophet.pbuh. and shown

how they were designed and constructed mathematically. I have also shown

that first part of hadith is not mathematically balanced and therefore, in my

opinion, certainly need further research to reconcile it with the second part.

I will appreciate if I am informed of the appropriateness of approach in

analyzing the nisabs, and if it is not correct, then why it is not so.

But I will insist on one point that we should study the zakat system thoroughly

again, from financial angle, keeping realities of life and “maqasid shariat” or

IntentionsofSharia, in mind and make changes accordingly. For example, nisab

used by holy Prophet, pbuh, was based on silver dirhams, whose rate of

exchange with gold dinar was 10 into 1. As this ratio deteriorated with time, the

ulema were forced to change to nisab of gold. This means that we will now

make niasb of animals double the nisab of gold for our mathematical

calculations, instead of silver. The cost o f living may increase more than gold

nisab , and in that case we should use modern poverty line or adjust gld nisab

with some change-factor to make it compatible with cost of living.

Therefore, I will suggest to study the nisab as poverty line and then relate the

zakat system accordingly, by ensuring our Prophet.s, pbuh, directive that zakat

will be charged only from Ghani or rich muslims, and we should be able to

ascertain who is rich and who is poor.

Imtiaz Ali akbar 6,June, 2012

Updated; 02december,2012

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