the smaller portion, he is not required to pay zakat until the wealth is converted into cash and the two parties make their final settlement, even if it remains in the manager’s hands for several years. This is what Abū Zayd related from Ibn al-Qāsim in the Book of Profit-Sharing Partnerships. The same appears in the corresponding book of al-Mudawwana and in al-Wādiha, and it is the apparent meaning of the material in ‘Īsā’s transmission in the Book of Profit-Sharing Partnerships. When his wealth returns to him after several years, he pays zakat for each year on the value of the merchandise held during that year. If its value was one hundred in the first year, two hundred in the second, and three hundred in the third, he pays zakat on one hundred for the first year, two hundred for the second, and three hundred for the third, allowing for the reduction caused by zakat.
There is disagreement, however, if the value of the merchandise was three hundred in the first year, two hundred in the second, and one hundred in the third. One view is that he pays zakat for each year on what was held during that year. This is the apparent meaning of the Book of Profit-Sharing Partnerships in al-Mudawwana, since it states that he pays zakat for each year on what was held, without distinguishing between the two situations. Another view is that he pays zakat on one hundred for each year. This accords with ‘Abd al-Malik’s position in al-Wādiha that no zakat is due on wealth absent from its owner if it is lost after several years. It has also been said that this is what all the transmitted accounts indicate, since there would be no reason to postpone zakat until the final settlement, when the wealth is present, other than concern that it might diminish.
Section
If neither party continually turns over his stock, or if the manager does not do so while the person holding the larger portion does, the capital owner is not required to pay zakat on the partnership wealth in the manager’s hands until it returns to him. If it returns after several years, he pays zakat for one year only, provided it was held as merchandise. This follows by analogy from Ibn Dīnār’s statement in al-‘Utbiyya concerning two holdings, one of which is continually traded: if the continually traded holding is the larger, both are assessed according to the rules for continual trading; but if it is the smaller, each holding is assessed according to its own prescribed practice.
If, however, the capital owner continually turns over his stock, while the manager does not, and the portion held by the manager is the smaller, the capital owner values what the manager holds every year and pays its zakat from his own wealth, not from the partnership capital. According to one view, he assesses the entire capital together with all its profit; this is Ibn Habīb’s position in al-Wādiha. According to another, he assesses only the capital and his own share of the profit, excluding the manager’s share; this is Asbagh’s report from Ibn al-Qāsim. The same applies when the portion held by the manager is the larger, according to Ibn Lubāba’s interpretation of the statement in al-Mudawwana that, when one of two holdings is continually traded, both are assessed according to the rules for continual trading. Allah, glorified and exalted be He, knows best, and success comes through Allah.