so long as that item amounts to one-third of his estate or less. If it exceeds one-third, two opinions are reported from Mālik and his associates. The more widespread view is that he must give the whole of it in charity; the other limits his liability to only one-third.

Whoever vows the hady (sacrificial offering) of a free man must present the offering on that man’s behalf. Another opinion holds that nothing is required of him, while a third view says that he should accompany the man on pilgrimage and use the animal as his hady if the latter agrees to travel; if he does not consent, nothing is due.

If a person vows the hady of someone else’s slave, nothing is binding on him. Should he vow the hady of his own slave, he is to sell the slave and spend the proceeds on a hady. The same ruling applies when someone vows as hady something that cannot lawfully serve that purpose: he sells it and purchases a valid sacrificial animal with the price.

Some scholars maintain that if a person vows the hady of a Muslim or a non-Muslim, whether free or enslaved, nothing is incumbent upon him, for such a vow entails disobedience. We have discussed this matter at length in al-Tamḥīd.