Nama' (increase and yield)

Nama' (increase or yield) is, in the lexicon, growth; for the jurists, the increase, benefit and income a thing produces. Rulings on it touch zakat, dower, sale, pledge, pre-emption and usurpation, and it is divided in several ways. ¹

Nama' is growth in the lexicon, from nama, to grow; a man "grew" when he grew fat, and a fat she-camel is "namiya". The jurists keep the lexical sense. ¹ Rey' (yield). Increase, profit, income and produce; rey' is a part of nama', since every yield is an increase but not every increase a yield. ¹ Kasb (earning). The act that brings a benefit or averts a harm; earning is one cause of increase. ¹

By lawfulness. Lawful increase, from lawful means such as trade and farming with their conditions met; unlawful increase, from forbidden means such as usury, gambling and trade in wine. ^{1 2} By nature. Natural increase, such as fattening and offspring; increase produced by work, such as earning or building. ² By connection. Attached increase, such as wool and fat; detached increase, such as young and fruit. ² By fact or estimate. Real increase by breeding and trade; estimated increase, which is the power to increase, the property being in the owner's or agent's hand. ²

In zakat. The Hanafis state that a property is liable to zakat only if it is growing, in fact or by estimate. The jurists differ whether an increase during the year is zakated with the principal, or on its own. ^{2 3} In dower. After divorce before consummation, the Hanafis and Malikis hold that the increase takes the principal's rule; the Shafi'is and Hanbalis hold that it belongs to the woman. ³ In sale. For the Hanafis, the increase of the thing sold prevents its return during an option of condition, except a detached increase not produced by it, which all agree on, and an attached produced increase, on which they differ. The jurists differ on whether the increase of an article sold on profit-sharing follows the principal, and on the loss of an increase that is in the seller's hand. ³ In pledge, pre-emption and usurpation. The increase of the pledged thing follows the principal if attached, without dispute; if detached the jurists differ whether it enters the pledge. In pre-emption, an attached increase belongs to the pre-emptor and a detached one to the buyer. The jurists differ on the guarantee of the increase of a usurped thing. ³

The increase of a usurped thing. The jurists differ on whether the increase of a usurped thing is guaranteed like the principal if it is lost, or whether it is a trust in the usurper's hand, guaranteed only by trespass. ^{3 4} The increase of an estate. If the estate's increase and produce arise between death and payment of debts, does it join the estate for the creditors' benefit, or does it belong to the heirs? The dispute rests on whether the estate passes to the heirs before the debts attached to it are paid. ⁴ The increase of a gift. A detached increase, such as fruit, does not prevent withdrawal from the gift; an attached increase prevents withdrawal in the view of some jurists. ⁴