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Miftah-ul-Janna (Booklet for way to Paradise)

according

according to the Imâmeyn, i.e. Imâm Abû Yûsuf and Imâm Muhammad ‘rahima-humallâhu ta’âlâ’, the sale does not become bâtil. Currency with equivalent value is paid. If fulûs, (i.e. metal or paper money,) becomes kâsid, (so that it is no longer currency on the market,) after being borrowed, its mithl, i.e. fulûs as much as the amount borrowed, is repaid, according to Imâm A’zam. According to the Imâmeyn, however, currency, (i.e. gold or silver,) whose value is equal to the amount borrowed is repaid. Buying and selling by using disused fulûs requires making ta’yîn of the fulûs, i.e. showing it. Property that is made ta’yîn of has (the attribute of) ta’ayyun. (Please see the twenty-ninth chapter of the fifth fascicle of Endless Bliss to acquire a notion of the terminology being used.) That means to say that once certain property has been made ta’yîn of, (i.e. shown,) that very property has to be given (in the transaction being carried out). Its likeness cannot be given. Supposing a person gives the money changer silver that weighs one dirham and asks the latter to give him fulûs for half a dirham of it and silver that weighs a habba lighter than half a dirham for the remaining half of it, the bey’ (sale) will becüome fâsid. For, it is an act of fâiz (or fâidh) to sell half a dirham of silver in return for silver that weighs less than half a dirham. (Habba is a unit of weight equal to that of a grain of barley.) If he says, “Give me fulûs for half of this and give me silver that weighs a habba lighter than half a dirham for the remaining half of it,” the sale of the fulûs will be sahîh (valid). If he says, “Give me fulûs that weighs half a dirham and silver that weighs a habba lighter than half a dirham in return for this one dirham of silver,” then both the sales will be sahîh. For, silver that weighs a habba lighter will have been sold in return for silver with equal weight and half a dirham of fulûs will have been sold in return for silver that weighs a habba heavier than half a dirham of silver. Although the fulûs and the silver given in return for it differ in weight, the sale is permissible since they differ in genus as well. It is stated in the book entitled Bedâyi’us-sanâyi’ fî tertîb-ishsherâyi’: [1] “Property to be paid as zakât has to be property of the same genus or property of zakât of a different genus. [It is not [1] Written by Abû Bakr bin Mes’ûd Alâuddîn Shâshî Kâshânî ‘rahmatullâhi ta’âlâ ’alaih’ (d. 587 [1191 A.D.], Aleppo) as a commentary to the book entitled Tuhfa-t-ul-fuqahâ, which in turn had been written by his educator Alâuddin Muhammad bin Ahmad Samarkandî ‘rahmatullâhi ’alaih’ (d. 540 [1145 A.D.]). – 194 –

permissible to pay the poor clothes, shoes, wheat, fat, or other similar things in lieu of gold.] Property of zakât is either an ’ayn or a deyn. Proper of zakât that is an ’ayn is either measurable, by weight or by volume, or something which is not measured. If it is something not measured, it is either a sâima animal, or commercial ’urûz, (i.e. portable qiyamî property other than animals.) (Please see the seventeenth paragraph of the twenty-ninth chapter of the fifth fascicle of Endless Bliss for ‘qiyamî’.) If it is a sâima animal; when the animal itself, which is defined in the Nass (âyat-i-kerîmas and hadîth-i-sherîfs with clear meanings) is to be given, a medium one is given. When a meagre one is to be given, its difference from a medium one is offset by also giving gold or silver equal to the difference in value. When the value of the animal is to be given, the value of a medium one, again, is given. When the value of a meagre one is to be given, then the difference is offset by adding gold or silver. In lieu of two medium sheep, it is permissible to give one fleshy sheep equivalent to the sum of their values. For, value is taken into consideration with property susceptible to fâiz (interest). Of the commercial ’urûz, one-fortieth of the property stated in the Nass is paid (as zakât). In case other property of the same genus is to be paid, payment of something of medium or lower quality entails offsetting the difference (in quality or value). For, ’urûz means property that is not measured by weight or by capacity. With urûz, difference of quantity does not cause fâiz. For instance, two suits of clothes of meagre quality can be given in lieu of one suit of good quality. When other property of a different genus is paid, payment of something below the amount that is farz necessitates offsetting the difference. When the property of zakât is something measured by weight or by capacity, one-fortieth of the property itself is paid. If one should pay property of zakât of a different genus, one has to pay an amount equal in value. If one should pay other property of the same genus, one pays the same amount, not an amount of the same value, according to the Shaikhayn, (i.e. Imâm A’zam Abû Hanîfa and his disciple Imâm Abû Yûsuf,) ‘rahima-humallâhu ta’âlâ’. For instance, supposing the value of two hundred kilograms of good quality wheat is two hundred dirhams of silver, it is permissible to pay five kilograms of meagre quality wheat as its zakât. Likewise, in lieu of five dirhams of jeyyid (high quality) silver as the zakât of two hundred dirhams of jeyyid silver, five dirhams of zuyûf (low quality) can be paid. This rule applies in matters concerning nazr. (Please see the fifth chapter of the fifth fascicle of Endless Bliss for ‘nazr’.) – 195 –

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