I. With regard to zakat, some Ibadhi scholars held that it must be given only to (ahl al-walayah). This opinion is reported from Aflah b. Abd al-Wahhab, the third Imam of the Rustamid Imamate.158 According to Dhumam b. al-Saib, an Ibadhi can give part of his zakat to his relatives although they are non-Ibadhi Muslims.159 Abdullah b. Abd al-Aziz and Shu’aib held the view that all Muslims, Ibadhis or non-Ibadhis, have a right to zakat.160 Certain Ibadhi scholars state that zakat must be taken only from (awliya) as it must be given only to the “awliya”.161 Abu Amr al-Rabi b. Habib and Dumam b. al-Sib held it lawful for the Ibadhi person to take zakat from the Muslim opponents if they knew about his opposition to their wrong beliefs.162 al-Rabi reported that Abu Ubaidah strongly disliked taking zakat from non-Ibadhis if they did not know that the person to whom they gave their zakat possessed contrary views to theirs.163 al-Jitali reported that Abu Ubaidah said, “We neither take zakat from them (non-Ibadhi Muslims) nor do we give it to them.”164 Jitali further quotes from the response (Jawabat) of Abu al-Mu’thir that he said, “The poor godless Ibadhi (Fasiq) is entitled to zakat before the upright learned non-Ibadhi Muslim; because those who believe in baraah for the Ibadhis and believe in loving and respecting them are not like those who think that the Ibadhis are wrong and believe in ‘baraah’ from them; the latter do not deserve zakat from Ibadhis.”165 During secrecy (kitman) zakat must be given only to (al-awliya). If there are no “awliya” to whom zakat can be given, it must be given to the poor Ibadhis; if these two categories are not available, then Ibadhis should give their zakat to the poor weak non-Ibadhi Muslims who cannot do them any harm.166

II In the matter of performing Hajj on behalf of another person, some Ibadhi scholars held that the Ibadhi must not perform Hajj for another person unless he is a (waliy). Others made it lawful with the condition that he should not make dua (pray) for him.167 It is reported that the mother of Abu Maymun al-Nufusi was asked before her death about her will and who was going to carry it out for her. She pointed to her son Abu Maymun and said, “I leave it to that one in the cradle.” When Abu Maymun grew up, he wanted to perform Hajj for his mother, for she could not be considered as a ‘waliy’ with the testimony of one woman. But Ibn Abbad al-Misri made it lawful for him to perform Hajj for her and said that the testimony of one pious woman in this case was sufficient.168 A similar story is reported about Amrus b. Fath.169

III On the question of Adalah (The quality of religious probity and moral integrity which a witness must possess for his testimony to be admissible),170 only a (waliy) is Adl, and his testimony is admissible in all cases. The person in the state of baraah is not Adl and his testimony is unreliable. The person in the state of ‘reservation’ (wuquf) is regarded as one of the Muslims in general (ahl al-Jumlah). The testimony of this group is admissible in all cases except those