Praise be to Allaah.
The majority of scholars, including the three imams Abu
Haneefah, al-Shaafa’i and Ahmad, are of the view that zakaah is not due on
an’aam animals (camels, cattle and sheep) unless they graze on pasture and
their owner does not feed them. If they are fed [with food that is bought
for them] then there is no zakaah on them.
They quoted several texts as evidence, including the
following:
1 – The report narrated by al-Bukhaari (1454) from Anas, that
Abu Bakr (may Allaah be pleased with him) wrote him the following letter
when he sent him to Bahrain: “In the name of Allaah, the Most Gracious, the
Most Merciful. This is the obligation of zakaah which the Messenger of
Allaah (peace and blessings of Allaah be upon him) enjoined on the
Muslims and which Allaah enjoined upon His Messenger. Whoever among the
Muslims is asked to pay it in the proper manner, let him give it and whoever
is asked for more than that, let him not give more … With regard to the
zakaah on sheep in the pasture, if they number between forty and one hundred
and twenty, one sheep (is due as zakaah)…”
The fact that the word ghanam (sheep) is further defined by
their being described as being in the pasture indicates that there is no
zakaah on those that are not in the pasture.
2 – The report narrated by al-Nasaa’i (2444) from Bahz ibn
Hakeem from his father, from his grandfather who said: I heard the Prophet
(peace and blessings of Allaah be upon him) say: “For grazing camels,
for every forty an ibnat laboon (a two-year old she-camel)…” Classed as
hasan by al-Albaani in Irwa’ al-Ghaleel, 791.
The fact that the word
ibl (camels) is further defined by describing them as grazing
indicates that there is no zakaah on other kinds.
Cattle come under the same ruling as camels and sheep.
See al-Sharh al-Mumti’, 5/33
Al-Nawawi said in al-Majmoo’:
The fact that it is
limited to those that are grazing is regarded as evidence in our view.
Grazing means those that graze in the pasture and are not fed.
Ibn Qudaamah said in al-Mughni:
The fact that grazing animals are specifically mentioned
excludes those that are fed, on which no zakaah is due according to the
majority of scholars.
Maalik was of the view that zakaah is due on all an’aam
animals whether they are grazing or non-grazing. He quoted as evidence for
that the fact that in some ahaadeeth the word ibl (camels) in used in
a general sense and is not defined as those that are grazing, as in the
letter of Abu Bakr to Anas (may Allaah be pleased with them both) in which
it says: “With regard to twenty-four camels or less, for every five one
sheep (is to be given as zakaah).”
The majority of scholars
responded to this deduction by stating that this hadeeth is general in
meaning, and that the other ahaadeeth define (the animals) as those that
graze. The basic principle here is that the general should be interpreted in
light of the specific.
They supported this by saying:
With regard to the zakaah on an’aam animals, it is connected
to the idea of growth and multiplication. This is obvious with regard to
grazing animals, because there is no cost involved in looking after them.
With regard to animals that are fed, there is a cost involved in looking
after them, and that cost may be equal to any growth (in their numbers or
weight). Thus the wisdom and mercy of Allaah dictated that zakaah should be
waived unless the (grazing) animals are prepared for the purpose of trade,
such as when one buys animals then looks after them and feeds them in order
to fatten them for sale. In that case they come under the heading of trade
goods and thus are subject to zakaah.
al-Mughni, 4/12; al-Mawsoo’ah
al-Fiqhiyyah, 23/250.
For more information on how to calculate the zakaah on trade
goods, see question no.
10823.
Shaykh al-Islam Ibn Taymiyah said in Majmoo’ al-Fataawa
(32/32):
The words in this hadeeth, “for grazing sheep” represent an
area concerning which there is some scholarly difference of opinion. The
view of Maalik is that working camels and oxen, and rams that are fed, are
subject to zakaah. Abu ‘Umar said: This is also the view of al-Layth, but I
do not know of anyone who said it apart from them. With regard to
al-Shaafa’i, Ahmad and Abu Haneefah, and also al-Thawri, al-Awzaa’i and
others, in their view no zakaah is due on these animals. This was narrated
from a number of the Sahaabah: ‘Ali, Jabir, and Mu’aadh ibn Jabal. ‘Umar ibn
‘Abd al-‘Azeez also wrote a letter to this effect, and it was narrated in
the hadeeth of Bahz ibn Hakeem from his father, from his grandfather, from
the Prophet (peace and blessings of Allaah be upon him), that he said:
“For all grazing livestock, for every forty a two-year-old she camel (bint
laboon).” So it was limited to grazing livestock, and other general reports
should be interpreted in the light of specific reports, when both are
speaking of the same type of animals, and there is no dispute among the
scholars concerning this matter. The same may be noted concerning the
hadeeth of Abu Bakr about grazing sheep.
It says in Fataawa al-Lajnah al-Daa’imah, 9/205:
One of the conditions of
zakaah being due on camels, cattle and sheep is that they should be
grazing.
And Allaah knows best.