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Hadith 34355
Yahya related to me from Malik from Yahya ibn Said from Muhammad
ibn Yahya ibn Habban from al-Qasim ibn Muhammad that A'isha, the wife
of the Prophet, may Allah bless him and grant him peace, said, "Sheep
from the zakat were brought past Umar ibn al-Khattab and he saw
amongst them a sheep with a large udder, ready to give milk, and he
said, 'What is this sheep doing here?' and they replied, 'It is one of
the sheep from the zakat.' Umar said, 'The owners did not give this
sheep willingly. Do not subject people to trials. Do not take from the
muslims those of their animals which are the best food-producers.' "
Muwatta Malik Book 17, Hadith 30
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Yahya said that Malik said, "The position with us concerning a
man who has zakat to pay on one hundred camels but then the zakat
collector does not come to him until zakat is due for a second timeand
by that time all his camels have died except five, is that the zakat
collector assesses from the five camels the two amounts of zakat that
are due from the owner of the animals, which in this case is only two
sheep, one for each year. This is because the only zakat which an
owner of livestock has to pay is what is due from him on the day that
the zakat is (actually) assessed. His livestock may have died or it
may have increased, and the zakat collector only assesses the zakat on
what he (actually) finds on the day he makes the assessment. If more
than one payment of zakat is due from the owner of the livestock, he
still only has to pay zakat according to what the zakat collector
(actually) finds in his possession, and if his livestock has died, or
several payments of zakat are due from him and nothing is taken until
all his livestock has died, or has been reduced to an amount below
that on which he has to pay zakat, then he does not have to pay any
zakat, and there is no liability (on him) for what has died or for the
years that have passed. Muwatta Malik Book 17, Hadith 29
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Yahya related to me from Malik from Yahya ibn Said that Muhammad
ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that
Muhammad ibn Maslama al-Ansari used tocome to them to collect their
zakat, and he would say to anyone who owned livestock, 'Select (the
animal for) the zakat on your livestock and bring it to me,' and he
would accept any sheep that was brought to him provided it met the
requirements of what the man owed."
Malik said, "The sunna
with us, and what I have seen the people of knowledge doing in our
city, is that things are not made difficult for the muslims in their
paying zakat, and whatever they offer of their livestock is accepted
from them." Muwatta Malik Book 17, Hadith 31