Firstly: Defining a mix
Khultah linguistically: it is mixing.
Khultah terminologically: It is when two types of animals’ nisab mix [891] So camels with camels, cows with cows, and sheep with sheep, but not cows with sheep, or camel with cows, for example. belonging to two or more owners, where they would need to have charity paid over them if they are owned by a single person.
This refers to when there is no distinction over individual animals within a group in terms of their owners, such that identifying who owns what is not possible. For example, this is the case for inherited livestock, or livestock bought collectively by a group of people. Mixing of descriptions
This refers to when each owner’s wealth is identified from the others, but it is joined to the rest in a way that makes the wealth unified as one.
Mixing animals has an impact in terms of legal charity, either allowing for charity to take place, [892] Like if they each have twenty sheep, such that there is no charity individually, but a single sheep collectively. increasing its amount, [893] A mixture of owners may increase charity, like two each owning one hundred sheep, such that overall, there must be three sheep given in charity, where, had they not mixed ownership of their sheep, a single sheep each. Mixing ownership, here, increased the amount of legal charity. or decreasing it, [894] A mixture may also cause decrease charity: if three people owned one hundred and twenty sheep, they must collectively give a single sheep in charity, which would have been a single sheep individually if they each owned their forty sheep separately from the rest. such that the aggregate wealth acts as a holistic unit. This is the position of the majority: Malikis, [895] Malikis hold the unique position: that the effect of a mixture is not allowing for charity to take place, solely to increase or decrease it. Shafi`is, Hanbalis, Dawud al-Zahiri, and the majority of jurists.
Mixing does not impact other than livestock charity. This is the position of the Malikis, Hanbalis, the old position of al-Shafi`i, chosen by Ibn Qudamah, Ibn `Uthaymin, and the majority of scholars.
The owners must qualify to be giving legal charity. They must all be free Muslims. This has been explicitly mentioned by the majority: Malikis, Shafi`is, and Hanbalis.
The passing of one full calendar year over the mixture is a condition. This is the position of the Shafi`is, Hanbalis, the Permanent Committee, and Ibn `Uthaymin.
Scholars have differed over the intention of a mixture being a condition, according to two views:
The first: It is that an intention of a mixture is not necessary. This is the correct position of the Shafi`is, the position of the Hanbalis, and Ashhab from the Malikis.
The second: It is that the intention of a mixture is a condition. This is the position of the Malikis, [896] Some Malikis hold the position that there is no need to have the intention, as what is meant by an intention of a mixture is that one does not escape with the mixture, so the difference is semantic between them and the others. a position among Shafi`is, and the position of Qadi Abu Ya`la among Hanbalis.
Among what is considered in mixtures is the unification of the livestock’s resting place, [897] Marah is the place where the flock wonders and gathers to then go to their resting place. It is also said that it is the place where it has a day sleep. drinking place, [898] Mixture in drinking place is that all the animals drink from the same source, either owned itself or its benefit is mutual among all owners. and alpha-male. [899] Fahl is the alpha-male that mates with the other females. This is the overall summarised position of the majority: Malikis, [900] The considered factors for a mixture for Malikis: the shepherd, the alpha-male, the wondering or day resting place, the drinking place, and the overnight resting place. Shafi`is, [901] The considered factors for a mixture for Shafi`is: the drinking place, the wondering place, the day resting place, the milking place, the shepherd, and the alpha-male. and Hanbalis. [902] The considered factors for a mixture for Hanbalis: that the shepherd, wondering place, day resting place, overnight resting place, milking place, and alpha-male are all the same for all groups involved.
It is not necessarily that each person’s livestock is individually a nisab, just that the total is. This is the position of the Shafi`is, Hanbalis, some of the Salaf, Dawud al-Zahiri, chosen by al-Shinqiti, and the verdict of the Permanent Committee.
It is not permissible to manipulate ownership of livestock or mixtures in order to avoid paying legal charity on it or decrease it. Ibn Battal and al-Qurtubi have quoted consensus over this.
If an owner has multiple flocks in different places, then they are all added up as one unit when calculating their amount of charity, regardless whether there is between them a distance where the prayer is shortened or not. This is the position of the majority: Hanafis, Malikis, Shafi`is, a narration from Ahmad, chosen by Ibn Qudamah, Ibn `Uthaymin out of caution, and the majority of scholars.
feqhia
