Zuhayr said, "I believe he reported it from the Prophet ﷺ, who said, 'Hand over a quarter of a tenth. For every forty dirhams, one dirham. Nothing is due from you until the amount reaches two hundred dirhams. When it is two hundred dirhams, then five dirhams are due on it, and whatever exceeds that is reckoned in the same proportion. As for sheep, for every forty sheep, one sheep. If you have only thirty-nine, nothing is due from you.'"Then he related the charity on sheep just as Zuhri did. He said, "As for cattle, for every thirty, a yearling calf, and for every forty, a cow in its third year. Nothing is due on animals used for work. As for camels..." and he mentioned the charity due on them just as Zuhri mentioned it.He said, "For twenty-five camels, five sheep are due. If the number goes one above that, then a female camel in its second year is due. If no such female camel is available, then a male camel in its third year, up to thirty-five. If the number goes one above that, then a female camel in its third year, up to forty-five. If the number goes one above that, then a four-year-old female camel fit to be mated by the male, up to sixty."He then continued in the same way as Zuhri's report. He said, "If the number goes one above that, meaning ninety-one, then two four-year-old female camels fit to be mated by the male are due, up to one hundred and twenty. If the camels are more than that, then for every fifty a four-year-old female camel is due. What is together must not be divided, and what is separate must not be joined together, in order to avoid the charity due. No aged animal, no defective animal, and no male goat is to be taken as charity, unless the collector chooses to accept it. As for crops, whatever the rivers water or the rain waters, a tenth is due, and whatever is watered by the bucket, half a tenth is due."In the report of Asim and Harith it states that the charity is due every year. Zuhayr said, "I think he said 'once.'" And in the report of Asim, "If there is no female camel in its second year and no male camel in its third year among the camels, then ten dirhams or two sheep."
عن علي بن أبي طالب- قال زهير: أحسبه عن النبي ﷺ- أنه قال: هاتوا ربع العشور من كل أربعين درهما درهم وليس عليكم شيء حتى تتم مائتي درهم فإذا كانت مائتي درهم ففيها خمسة دراهم، فما زاد فعلى حساب ذلك، وفي الغنم في أربعين شاة شاة، فإن لم يكن إلا تسع وثلاثون فليس عليك فيها شيء. وساق صدقة الغنم مثل الزهري قال: وفي البقر في كل ثلاثين تبيع، وفي الأربعين مسنة وليس على العوامل شيء وفي الإبل. فذكر صدقتها كما ذكر الزهري قال: وفي خمس وعشرين خمسة من الغنم، فإذا زادت واحدة ففيها ابنة مخاض فإن لم تكن بنت مخاض فابن لبون ذكر إلى خمس وثلاثين، فإذا زادت واحدة ففيها بنت لبون إلى خمس وأربعين، فإذا زادت واحدة ففيها حقة طروقة الجمل إلى ستين. ثم ساق مثل حديث الزهري قال: فإذا زادت واحدة يعني واحدة وتسعين ففيها حقتان طروقنا الجمل إلى عشرين ومائة، فإن كانت الإبل أكثر من ذلك ففي كل خمسين حقة، ولا يفرق بين مجتمع ولا يجمع بين مفترق خشية الصدقة، ولا تؤخذ في الصدقة هرمة، ولا ذات عوار، ولا تيس إلا أن يشاء المصدق. وفي النبات ما سقته الأنهار أو سقت السماء العشر، وما سقى الغرب ففيه نصف العشر. وفي حديث عاصم والحارث: الصدقة في كل عام. قال زهير: أحسبه قال: مرة. وفي حديث عاصم: إذا لم يكن في الإبل ابنة مخاض ولا ابن لبون فعشرة دراهم أو شاتان.
Abu Dawud (1572) narrated it from Abdullah bin Muhammad Nufayli, who said, Zuhayr told us, Abu Ishaq told us, from Asim bin Hamza, and from Harith Awar, from Ali . Zuhayr said, I think it is from the Prophet ﷺ, that he said (and he related it).Asim bin Hamza's hadith is hasan, and Harith Awar corroborated him. Ibn Khuzayma graded it sahih (2270), but he did not name Harith Awar. Ibn Qattan said, "Its chain is sahih, and all of them are trustworthy, though I do not mean the narration of Harith, but rather the narration of Asim." See Nasb Raya (2/352).However, his statement, "and for twenty-five, five sheep" is anomalous, and the correct view is that for twenty-five camels a bint makhad is due. Likewise, his statement at the end of the hadith, "If there is no bint makhad or ibn labun among the camels, then ten dirhams or two ewes," also contains an anomaly.Regarding his statement "tabi", Abu Ubayd said, tabi is not an age designation but rather a description, and it is called tabi when it becomes strong enough to follow its mother in grazing. He said, it does not become strong enough to follow its mother in grazing unless it is a year old, that is, a full year has passed for it. Ibn Khuzayma mentioned this in his Sahih (4/20).As for what is narrated, "If it exceeds one hundred and twenty, the obligatory rates revert to the beginning," meaning the rates start over, all of these narrations are daif. Among them is what is narrated from Ali bin Abu Talib, related from him by Asim bin Hamza, "If the camels exceed one hundred and twenty, then according to that calculation the obligatory rates start over."Bayhaqi said, the scholars have criticized Asim bin Hamza for this, because the narration of Asim bin Hamza from Ali contradicts the letter of the family of Amr bin Hazm, and contradicts the letter of Abu Bakr and Umar. Shafii said in the old book, "The narrator of this from Ali is unknown, and most of the narrators from that unknown narrator claim that the one who related this from him erred regarding him, and that this is not in his hadith." Bayhaqi said, "He means his statement about starting over. He supported this in another book with the narration of one who related from Abu Ishaq, from Asim, from Ali, contrary to that."Then Shafii related from Sharik, and Bayhaqi from Zuhayr bin Muawiya, both from Abu Ishaq, from Asim bin Hamza, from Ali, who said, "If the camels exceed one hundred and twenty, then for every fifty a hiqqah is due, and for every forty a bint labun." He said, and Amr bin Haytham and others said, from Shuba, from Abu Ishaq, from Asim, from Ali, the same.Shafii said, and this is what we hold, and it agrees with the sunnah, but they, meaning some of the Iraqis, do not adopt this, so they contradict what is narrated from the Prophet ﷺ, Abu Bakr, and Umar
, and what is established from Ali
with them, going instead by the opinion of Ibrahim and something mistakenly attributed to Ali
. End.I say, the hadith of Zuhayr, from Abu Ishaq, from Asim bin Damra and from Harith Awar, from Ali
, is what Abu Dawud (1572) narrated from Abdullah bin Muhammad Nufayli, from Zuhayr, with his chain at length as mentioned before.Among them is also what Abu Dawud narrated in Maraseel (106) from Musa bin Ismail, who said, Hammad said, I said to Qays bin Saad, "Get me the letter of Muhammad bin Amr bin Hazm." So he gave me a letter, informing me that he had taken it from Abu Bakr bin Muhammad bin Amr bin Hazm, that the Prophet ﷺ had written it for his grandfather. I read it, and it contained mention of what is due from the obligatory rates on camels. He related the hadith up to the point where they reach one hundred and twenty, and said, if they exceed that, then count for every fifty a hiqqah, and whatever remains is returned to the beginning of the obligatory rate for camels. And whatever is less than twenty-five, then sheep are due, for every five camels one ewe, without a male, nor an old one, nor one with a defect among the sheep.Bayhaqi said (4/94), "This is disconnected between Abu Bakr bin Hazm and the Prophet ﷺ, for Qays took it from a letter, not by hearing, and likewise Hammad bin Salama took it from a letter, not by hearing. Qays bin Saad and Hammad bin Salama, even though both are trustworthy, their narration here contradicts the narration of the memorizing scholars regarding the letter of Amr bin Hazm and others. Hammad bin Salama's memory deteriorated toward the end of his life, so the memorizing scholars do not use as evidence what he contradicts others in, and they avoid what he alone relates from Qays bin Saad in particular and similar narrators, and this hadith combines both matters, along with what it contains of disconnection." End.Abdullah bin Ahmad bin Hanbal said, I heard my father say, "The letter of Hammad bin Salama, from Qays bin Saad, was lost, so he used to narrate to them from his memory, and this is his story." Ibn Adi mentioned this in Kamil (2/670).Hammad bin Salama said, "Hajjaj Ahwal borrowed from me the letter of Qays, and he went to Makkah, then said it was lost." See Marifat Sunan wal-Athar (3/29).Bayhaqi said, "Since the hadith of Hammad, from Qays bin Saad, is mursal, and a number of narrators contradicted him, among them the son of the man himself, and the letter was in Madinah, passed down among them by inheritance, and they reported what they found in it, and Umar bin Abdul-Aziz knew of it and ordered that it be copied for him, and it was found to contradict what Hammad narrated from Qays bin Saad, agreeing instead with what was found in the letter that was with the family of Umar bin Khattab, agreeing with what Sufyan bin Husayn narrated as connected, agreeing with what Thumama bin Abdullah narrated as connected, all of this indicates the error of that narration, which stood alone against the rest of these narrations, and that taking the others is more fitting." See Marifat Sunan wal-Athar (6/29–30).