zakat even when it falls below the minimum threshold; nor does he take the capital owner’s ownership into account, since, when the capital and profit fall short of the threshold, he does not combine them with the wealth the owner retains outside the manager’s possession when determining whether the manager owes zakat on his share of the profit. He combines them only when determining whether the capital owner owes zakat on his capital and share of the profit. This, too, is juristic preference unsupported by any underlying principle or analogy.
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The third position is that the manager owes no zakat on his share of the profit unless that share itself reaches the amount liable to zakat and the capital owner’s capital and profit also reach that amount. Muhammad ibn al-Mawwāz understood this to be Ibn al-Qāsim’s position, but no explicit statement of it from him is to be found. Even if one were found, it would likewise constitute juristic preference unsupported by analogy or any underlying principle. For he considers neither either party’s ownership independently of the other nor their ownership together, as he did with freedom, Islam, and freedom from debt. Rather, when assessing the minimum threshold, he considers only the capital and the capital owner’s share of the profit, without adding to them [the capital owner’s other wealth outside the investment partnership; likewise, he considers only the manager’s share of the profit, without adding to it] any wealth of his on which a full year has elapsed and which would complete the threshold.
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As for the passage of a full year, he held two positions. The first is that the manager owes no zakat on his share of the profit until the wealth has remained in his possession for a full year from the day he received it, even if he only began trading with it shortly before the year ended. This is his explicit statement in the zakat section of al-Mudawwana. In its section on investment partnerships, however, there is an indication that the manager owes zakat on his share of the profit even if the wealth has not remained in his possession for a full year, provided that the capital owner’s capital and share of the profit reach the amount liable to zakat and a full year has elapsed on that wealth. Ibn al-Mawwāz adopted this position and interpreted Mālik’s statement accordingly. The first position, however, is more consistent with Ibn al-Qāsim’s underlying principle and more clearly in keeping with his doctrine.