5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

of Islamic Shari’a that deals with inheritance) [1] . But if a person
died who had been using the mîrî land with a legal deed for
which he had paid rent in advance, his heirs are not allowed to
divide it or sell it. He cannot will this type of land to be sold or
have his debts to be paid out of the money received for its sale.
The land would not belong to his inheritors. It would not be
included in the nisâb for Qurbân, either. Nor could it be sold.
Only, it could be transferred to someone else in return for
money with the permission of the owner of Timâr. A person who
had rented the mîrî land could sow anything or let someone
else use the land in return for rent. Any land area left
uncultivated for three years would be rented out to someone
else. The tenant farmer could not plant trees or vines on the
mîrî land without permission. He could not build a house there
without permission, either. Nor could a dead person be buried
there. The mîrî land would not become the property of the
person who had rented it by legal deed. Such people were only
tenants. It was customary that when the tenant farmer died the
land would be rented to his inheritor. This was not the inheritor’s
right prescribed by the Sharî’a, but was a gift by the State.
Please see the final part of the twenty-third chapter.
2 - Beytulmâl’s or mîrî land areas. Most of the country’s land
was so and was rented out. Later most of such land areas were
sold to the people, and became land of ’ushr.
3 - Areas of pious foundations, which were with ’ushr of the
produce.
4 - Open spaces, fields and the like that were made public.
5 - Areas that belonged to neither the Beytulmâl nor anyone
else, such as mountains and forests; Muslims who cultivated
them would give the ’ushr of the produce.
THE ZAKÂT OF ANIMALS — It is written in the book
Mawqûfât: “If those animals that graze in the fields free of
charge for more than half of the year are intended for breeding
[or for milk], they are termed Sâima animals. One year after the
number of the sâima animals has reached the amount of nisâb
their zakât is to be given. If they are intended for wool, for
burden or for transportation, they are not termed sâima and
zakât is not necessary.” Sâima animals of different families,
[1] Please see the twenty-third chapter.
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