What is the ruling when a collector takes property based on a plausible interpretation (*ta'wil*) exceeding the minimum requirement?

Chapter on Zakat on Sheep

Al-Mughni

Book of Zakat

Book 8 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the collector takes an excess amount based on a plausible interpretation, such as taking a healthy animal instead of a sick one, or a larger animal instead of a smaller one, the payer is entitled to reclaim the portion corresponding to the excess taken. This is because such interpretation relies on the Imam's discretion (*ijtihad*), and once the collector acts based on their sound judgment, the payer must deliver it to them, rendering it equivalent to the obligatory due. Similarly, if the collector takes the monetary equivalent (*qimah*), the payer may reclaim the portion belonging to their partner based on this interpretation.