Is Zakat due on stolen livestock when the owner considers them grazing animals, but the usurper considers them fed?

Chapter on Zakat on Debt and Charity

Al-Mughni

Book of Zakat

Book 8 · Issue 3 · Bab 7

Open in Qurani

Primary text

If the livestock were grazing animals for the owner but considered fed by the usurper, no Zakat is due because the condition for Zakat is absent. The position stating Zakat is due because feeding is unlawful is rejected. The unlawful act is the usurpation itself; feeding the animal is an expenditure made by the usurper upon his own possession, and it contains no prohibition. The notion that slight expenditure (Khaffat al-mu'unah) is considered is incorrect, as lightness is only considered in relation to its presumed context, which is the grazing status itself.

Supporting text

A different opinion suggests Zakat is due because the feeding is prohibited, thus it does not negate Zakat, similar to usurping currency and turning it into jewelry, where Zakat is not waived by the transformation.