Is Zakat due on stolen grazing livestock (Sā'imah) that were kept as feed animals (Ma'lūfah) by both the owner and the usurper?
Chapter on Zakat on Debt and Charity
Al-Mughni
Book of Zakat
Primary text
Zakat is not due on stolen grazing livestock if they were considered as being fed with purchased fodder by both the owner and the usurper, due to the absence of the required condition (being solely grazing). If they were solely grazing animals for both parties, Zakat is obligatory upon the usurper, according to the narration that mandates Zakat on usurped property. If the owner kept them as fed animals but the usurper kept them as grazing animals, there are two views. The primary view holds that no Zakat is due from the owner because the owner did not consent to them being grazing animals, thus the usurper's action does not necessitate Zakat upon the owner, similar to if they grazed without the owner intending them to be so.
Supporting text
The second view suggests Zakat is due from the owner because the status of being grazing animals necessitates Zakat from the owner, therefore it necessitates it from the usurper, just as if they were grazing animals for both. This is analogous to usurping land, cultivating it, and then owing the tenth (Ushr) of its produce.