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Section IV: Charity on Sheep

Firstly: The Nisab for Sheep
There is no charity given for anything under forty sheep. At forty, then a sheep is wajib for charity, and this is until one hundred and twenty. From one hundred and twenty sheep until two hundred, there are two sheep wajib for charity. For sheep more than two hundred but less than four hundred, [881] There is a difference of opinion over what takes place in the range of 300 to 399 sheep. Al-Hassan ibn Salih and Ibrahim al-Nakha`i said: there are four sheep wajib when there are 300 sheep, then nothing on any extras until 500, in which case it is five sheep to be given in charity – the position of the majority. it is three sheep. It is four sheep for four hundred, and then one for every hundred onwards from that. This is by agreement of the four schools of jurisprudence, and the majority of scholars.
Secondly: Tabulated Legal Charity on Sheep


Wajib Charity

Number of Sheep

No Charity

1-39

1 sheep

40-120

2 sheep

121-200

3 sheep

201-399

4 sheep

400-499

5 sheep

500-599

And so on with one sheep for every one hundred sheep.
Thirdly: Conditions for Counting the Young of the Flock in the Nisab During a Calendar Year That they are from the original
It is a condition when counting them in the nisab that the young are born of the original livestock. This is the position of the Shafi`is, Hanbalis, chosen by Ibn Baz, and Ibn `Uthaymin. That the old are a nisab at the count
It is a condition for the original livestock to have reached a nisab in order to count their young. This is the position of the majority: Hanafis, Shafi`is, Hanbalis.
Fourthly: Isolated Young Livestock
If the young of a livestock have been isolated, [882] Al-Buhuti said: “It is possible that some old livestock are exchanged for new ones, or that their mother died after they were born, considering that their calendar year becomes the original’s – their mother’s.” Kashshaf al-Qina` (192/2) then charity is wajib over it. This is the position of the majority: Malikis, Shafi`is, Hanbalis, Abu Yusuf and Zufar from the Hanafis, and the choice of Abu `Ubayd ibn al-Qasim ibn Sallam.
Fifthly: Charity of Young Livestock Given from It
If young livestock have been isolated and charity is wajib over them, then scholars have differed over whether said charity is given from them or if the same conditions that apply to old livestock applies to them. This is according to two views:
The first: is that what conditions apply for old livestock applies for the young, and this is the position of the Malikis and the choice of Zufar from the Hanafis.
The second: is that charity s wajib from the young, and that one of them is given to charity. This is the position of the Shafi`is, Hanbalis, and the choice of Abu Yusuf from the Hanafis.


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