Is it permissible to give defective livestock (Ma'eebah) for Zakah instead of sound ones (Sihah)?
Chapter on Zakat on Sheep
Al-Mughni
Book of Zakat
Primary text
It is not permissible to pay the Zakah due using defective animals when sound ones are available, even if the value of the defective ones is higher, due to the prohibition against taking them and the harm this causes to the poor. If the entire due amount (Nisab) consists of sound and defective animals, one must give a sound one whose value equals the average value of the required amount. If the entire Nisab is defective except for the amount equal to the due share, the owner has the choice between giving a sound animal or purchasing a low-value defective one to fulfill the obligation. If the amount due is two 2-year-old camels (Haqqatan) and one only possesses two sound 1-year-old female camels (Ibnata Laboon), one may either give the latter with compensation or purchase two sound 2-year-old camels based on value. If the available animals are two sound 3-year-old camels (Jadh'atan), they may be given with compensation taken. Furthermore, if half the Nisab is sound and half is defective, one opinion permits giving one sound 2-year-old camel and one defective 2-year-old camel, based on the reasoning that the half requiring one camel is entirely defective. However, the correct opinion in the school contradicts this, maintaining that since there are both sound and defective animals in the total wealth, one cannot specify giving the defective one, similar to when the Nisab is singular.
Supporting text
Regarding the situation where the entire Nisab is defective, the prevailing view permits fulfilling the obligation using the defective animal, where the value assessed is the midpoint value, irrespective of the severity of the defect. This is the position of Al-Shafi'i, Abu Yusuf, and Muhammad. Malik held that if all were mangy (Jirbaa'), a mangy animal should be given, but if all were chipped-toothed (Hatmaa'), one is obliged to purchase a sound one. Abu Bakr insisted that only a sound animal suffices, following Ahmad's statement that only what is permissible as a sacrifice (Udhiyah) may be taken, due to the prohibition against taking animals with blemishes. Consequently, one would be obliged to purchase a sound animal equivalent in value to the defective one.