Section IV: Estimation (Khars)
Firstly: Defining estimation
Khars linguistically: It is guessing, or estimating by chance.
Khars terminologically: It is estimating the number of dates growing on a palm tree. The number is estimated as ripe dates (rutab), and then how many would be lost if they are left until they are dry dates (tamr). The number of dates left after the decrease is then the one used for calculation. The same process applies for grapes.
Secondly: Wisdom behind estimation
From the potential wisdom of this legal estimation are the following points:
1. It is in favour of the poor, since their right from the owner is tangible. This also ensures against fraud from the business owner.
2. It is kindness towards the owners of that type of fruits, since benefitting from them ripe before dryness is more desirable.
3. Facilitation in counting the fruits due to their being apparent.
Thirdly: Ruling of estimating fruits
Estimating the number of fruits is legislated. This is the position of the majority: Malikis, Shafi`is, Hanbalis, Zahiris, and it is narrated as the position of Muhammad ibn al-Hasan from the Hanafis, as well as the position of the majority of scholars.
Fourthly: Where estimation is legislated
Estimation is valid only for dates and grapes. This is the position of the majority: the most common position among Malikis, the position of the Shafi`is, and Hanbalis.
Fifthly: Tine for estimation
The time for estimation is at the appearance of ripeness. Consensus has been quoted over this by Ibn `Abd al-Barr and al-Shinqiti.
Sixthly: Method of estimation
The one estimating circles the palm tree, assessing all its stems, evaluating how many dates or grapes there are on said tree, and thence how many dry dates or raisins will be made from that number. He follows this process for each tree if they are of different types or species, since the number of fruits would differ. If they are all one kind however, it is sufficient to estimate the rest based on one, both as ripe and dry fruits.
Seventhly: Conditions of the one estimating
1. Number of estimators:
One estimator suffices. This is the position of the majority: Malikis, the correct position among Shafi`is, and Hanbalis.
2. Islam, uprightness, and specialisation:
The estimator must be an upright Muslim who specialises in the field. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
feqhia
