the report initially, then distinguished what each had transmitted independently of the others, but expressed this inadequately by placing some parts of the account before others.
The proper way to present the account without such shortcomings in expression, Allah willing, would be to say: “Ibn al-Qāsim, ‘Alī ibn Ziyād, Ibn Nāfi‘ and Ashhab reported concerning a man who buys or inherits jewelry and keeps it either to sell whenever he needs to or for trade. In Ashhab’s report from him, Mālik said concerning jewelry bought for trade that is set with gemstones which he cannot remove: ‘No zakat is due from him on it until he sells it.’ In the report of Ibn al-Qāsim, ‘Alī and Ibn Nāfi‘, he said: ‘If it is not set with gemstones, it is treated as gold and silver money: zakat is due on it every year, whether he bought it or inherited it.’”
According to this interpretation, Mālik—may Allah Most High have mercy on him—spoke only about jewelry not set with gemstones in the report of Ibn al-Qāsim, ‘Alī and Ibn Nāfi‘. This further clarifies what was independently transmitted from him concerning jewelry set with gemstones. Ibn al-Qāsim and Ashhab did not concur, either in wording or in meaning, in their reports from Mālik concerning jewelry set with gemstones. This is the interpretation we have chosen and relied upon, because it is sound and accords with the established differences between their respective reports from Mālik concerning jewelry set with gemstones. It is also the interpretation adopted by Sahnūn in citing the two reports. Allah knows best.
Another possible interpretation of the report in question, when “he pays zakat on it” is omitted and “along with them” is retained, is that Mālik’s answer as transmitted by Ashhab along with the others is contained in the statement: “If it is not set with gemstones, it is treated as gold and silver money: he pays zakat on it every year.” His answer as transmitted by Ashhab alone, specifically concerning purchase, is contained in the statement: “No zakat is due from him on it until he sells it.” Thus, Ashhab shared their transmission concerning jewelry not set with gemstones, while he alone transmitted the ruling concerning jewelry set with gemstones, specifically when purchased.
According to this interpretation, the proper way to present the account without shortcomings in expression would be to say: “Ibn al-Qāsim, ‘Alī ibn Ziyād, Ibn Nāfi‘ and Ashhab reported concerning a man who buys or inherits jewelry and keeps it either to sell whenever he needs to or for trade. In Ashhab’s report from him, independently of the others, Mālik said: ‘If he buys it for trade and it is set with gemstones which he cannot remove, no zakat is due from him on it until he sells it.’ In the report of all of them, including Ashhab, he said: ‘If it is not set with gemstones, it is