legal stratagems.” (1) For what matters in actions is their intent. The Prophet said: “Actions are only by intentions, and every person shall have only what he intended.” (2) This is the principle governing legal stratagems.
An example of this issue is where a person possesses a nisab of grazing sheep and, when the completion of the zakah year draws near, exchanges them for similar sheep kept as trade goods so that zakah on grazing livestock will not become binding upon him. In this case, the zakah year is not interrupted, because he did this in order to evade zakah.
Issue: Suppose a person has a large amount of silver currency and wishes to purchase real estate with it, which he will rent out, so that he will not be liable for zakah on it. Does zakah thereby cease to be due from him?
The apparent meaning of the jurists’ statements is that zakah ceases to be due from him. However, it must be said that their discussion in this chapter indicates that it does not cease to be due through such an exchange. Rather, he must assess the value of these properties every year and pay their zakah, even though the basic rule is that no zakah is due on them. But one who seeks to evade an obligation is punished with the opposite of his intention.
His statement, “If he exchanges it for something of the same category, he continues the zakah year,” means that if he exchanges the nisab for something of its own category, the zakah year is not interrupted. For example, if a woman sells her gold jewelry for gold, the zakah year is not interrupted, because she exchanged it for something of the same category. Another example is a person who has one hundred Australian sheep and exchanges them for one hundred Najdi sheep: the zakah year is not interrupted, because the category is one and the ruling is one.