Section V: The Description of What Charity is Given from Livestock
Firstly: Age what is wajib in terms of camel age
The relevant wajib camel ages have been discussed in their respective section. Those are: bint makhad, bint labun, ibn labun, hiqqah, and jadha`ah.
- If a camel of a particular age is unavailable but when younger or older is:
If a camel of the required age is not available to give, but one younger is given instead, then either twenty dirhams is given extra or two sheep. If the camel given is older, then the recipient of the legal charity compensates with either twenty dirhams or two sheep in return. This is the position of the Shafi`is, Hanbalis, Zahiris, some of the Salaf, chosen by Ibn al-Mundhir, al-Khattabi, Ibn Rushd, and Ibn Taymiyyah.
- Cow ages:This has been discussed in its section. These are: tabi` or tabi`ah and musinnah.
- Sheep ages:1- Thaniyy:
A thaniyy
[883] Thaniyy is the sheep whose front two teeth have dropped, and it is the two-year old who is in his third year, regardless if it’s a ram or he-goat. It is also said that the thaniyy is the one-year old sheep. suffices from sheep
[884] Da’in: is sheep that rows wool. Singular da’inah, and masculine da’in. and goats,
[885] Ma`iz is goat, what grows hair among sheep. It is ism jins, its female being ma`iz or mi`zah. and this is by agreement of the four schools of jurisprudence.
2- Jadha`ah from sheep:
A jadha`ah suffices
[886] Jadha` is a young animal, and it differs in age depending on the animal: camels, horses, cows, and sheep. from sheep, and this is the position of the majority: Malikis, Shafi`is, Hanbalis, a narration from Abu Hanifah and his two companions Abu Yusuf and Muhammad, and it is the choice of al-Kamal ibn al-Humam.
- Age of jadha`ah from sheep:Jadha`ah from sheep is that which has reached six months. This is the position of the Hanafis and Hanbalis. It is the verdict of the Permanent Committee, and Ibn `Uthaymin.
- Voluntarily giving an animal of an older age:It is permissible to give in charity an animal that is older than is necessary, like giving a bint labun instead of a bint makhad. Consensus has been quoted on this by: Ibn Qudamah, and it is quoted by al-`Abdari as the position held by all scholars save Dawud, and it is transmitted by Ibn Taymiyyah from the vast majority of scholars.
Secondly: Femaleness in camels
Femaleness must be adhered to in camel charity, such that only females are given, except the ibn labun for he who does not own a bint makhad. Consensus has been quoted on this by: Ibn Rushd, Ibn Qudamah, and al-Shinqiti.
- Femaleness in cows:1- Tabi` and tabi`ah:Femaleness is not a condition for the wajib over thirty cows, so a male tabi` is sufficient, just as a female tabi`ah. Consensus has been quoted on this by Ibn `Abd al-Barr and al-Kasani.
2- Musinn and Musinnah:Femaleness is a condition for the wajib over forty cows, so a female musinnah is necessary, and a musinn is not sufficient. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
Thirdly: Giving a male for charity
Giving a male if all the nisab is male:
If all the nisab is male, then it is sufficient to give a male for charity. This is by agreement of the four schools of jurisprudence. Giving a male when females are available
Scholars have differed over whether if giving a male for charity when female sheep are available is sufficient, and this is according to two views:
The first: It is that it is permissible for charity on sheep to give a male or female, and this is the position of the Hanafis and Malikis.
The second: It is that it is not sufficient to give a male sheep in the presence of females, and this is the position of the Shafi`is [887] Al-Shafi`i excepted charity on camels, such that it is sufficient to give male sheep on what is wajib of camels according to what is most correct. and Hanbalis.
Fourthly: Freedom from defects as a condition
It is a condition for the animal given in charity to be free from defects if what is owned is healthy. Ibn Rushd and Ibn Taymiyyah have quoted consensus over this.
- Giving the defective or very old when the required age is unavailable:
If all of the animals owned are defective or very old, then one of them is given and it is not necessary to purchase a healthy one specially to give in charity. This is the position of the majority: Hanafis, Shafi`is, Hanbalis, and a position among Malikis.
Fifthly: Medium desirability
The animal given should be from medium quality based on what is owned, and does not need to be the most prestigious like rubba, [888] Rubba: is the sheep reared at home for its milk. It is also said that it is the sheep that has recently given birth, feeding its new-born. Its plural is rubab. or makhid, [889] Makhid is the sheep which is overtaken by labour until it gives birth. Makhad: is contractions during labour. It is said, makhadat al-shah if a sheep’s birthing is imminent. or akulah, [890] Akulah is the fatty sheep, prepared to be slaughtered and eaten. except if their owner willingly wishes to give them. Likewise, not from its least desirable, like defective animals. This is by agreement of the four schools of jurisprudence.
feqhia
