Is Zakat due when multiple individuals jointly own pasturing livestock (camels, cattle, or sheep) exceeding the threshold (Nisab), provided they share common facilities?
Chapter on Zakat on Sheep
Al-Mughni
Book of Zakat
Primary text
Joint ownership (Khultah) in pasturing livestock (Sa'imah) merges the wealth of the partners, treating them as a single owner for Zakat purposes. This applies whether the partnership is one of co-ownership of assets (where each has an undivided share, like inherited property) or a partnership of attributes (where each owner's assets are distinct but they share common circumstances). This rule applies equally whether partners have equal or unequal shares, such as one person owning one sheep and another owning thirty-nine, or forty individuals each owning one sheep out of forty. This view is held by Ahmad, 'Ata, Al-Awza'i, Al-Shafi'i, Al-Layth, and Ishaq. The evidence supporting this is the Hadith reported by Al-Bukhari on the authority of Anas: "What has been brought together from scattered assets shall not be combined, nor shall what has been combined be separated, out of fear of Zakat," and regarding two partners, "they divide the responsibility between themselves equally." This indicates the application of shared attributes.
Supporting text
Malik held that Khultah is only effective if each partner individually owns property that meets the Nisab threshold. This view is also attributed to Al-Thawri and Abu Thawr, and was favored by Ibn al-Mundhir. Abu Hanifa held that Khultah has no effect whatsoever, arguing that since each owner's individual holding is below the Nisab, no Zakat is incumbent upon them, just as if they had no partner. He reasoned that if two people jointly owned forty sheep, each effectively owns forty, obligating one sheep based on the Hadith, "In forty sheep, there is one sheep."