Zakat when Two Years are Assessed Together

27 Yahya said that Malik said, " The position with us concerning a man who has zakat to pay on one hundred camels but then the zakat collector does not come to him until zakat is due for a second time and by that time all his camels have died except five, is that the zakat collector assesses the two amounts of zakat that are due from the owner of the animals from the five camels, which in this case is only two sheep, one for each year. This is because the only zakat which an owner of livestock has to pay is what is due from him on the day that the zakat is (actually) assessed. His livestock may have died or it may have increased, and the zakat collector only assesses the zakat on what he (actually) finds in his possession, and if his livestock has died, or several payments of zakat are due from him and nothing is taken until all his livestock has died, or has been reduced to an amount below that on which he has to pay zakat, then he does not have to pay any zakat, and there is no liability (on him) for what has died or for the years that have passed.

17.16 Making Things Easy for People when taking Zakat

28 Yahya related to me from Malik from Yahya ibn Sa'id from Muhammad ibn Yahya ibn Habban from al-Qasim ibn Muhammad that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, " Sheep from the zakat were brought past 'Umar ibn al-Khattab and he saw amongst them a sheep with a large udder, ready to give milk, and he asked, 'What is this sheep doing here? ' and they replied, 'It is one of the sheep from the zakat.' 'Umar said, 'The owners did not give this sheep willingly. Do not subject people to trials. Do not take from the Muslims those of their animals which are the best food-producers.'"

29 Yahya related to me from Malik from Yahya ibn Sa'id that Muhammad ibn Yahya ibn Habban said, " Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used to come to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat due on your livestock and bring it to me, ' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, " The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the Muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."

17.17 Receiving Zakat, and Who is Permitted to Receive it

30 Yahya related to me from Zayd ibn Aslam from 'Ata' ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, " Zakat is not permissible for someone who is not in need except in five cases: someone fighting in the way of Allah, someone who collects zakat, someone in debt, someone who buys it with his own money, and someone who has a poor neighbour who receives some zakat and gives some as a present to the one who is not in need."

[Mursal, in Abu Dawud]

Malik said, " The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that it may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with whom I am satisfied."

Malik said, " There is no fixed share for the collector of the zakat, except according to what the ruler sees fit."

17.18 Collecting Zakat and being Firm in Doing so

31 Yahya related to me from Malik that he had heard that Abu Bakr as-Siddiq said, " If they withhold even a hobbling cord I will fight them over it."

[cf Bukhari 1335]

32 Yahya related to me from Malik that Zayd ibn Aslam said, " 'Umar ibn al-Khattab drank some milk which he liked (very much) and he asked the man who had given it to him, 'Where did this milk come from? ' The man told him that he had come to a watering-place, which he named, and had found grazing livestock from the zakat watering there. He was given some of their milk, which he then put into his water-skin, and that was the milk in question. 'Umar ibn al-Khattab then put his hand into his mouth to make himself vomit."

Malik said, " The position with us is that if anyone refuses to honour one of the obligatory demands of Allah, and the Muslims are unable to get it, then they have the right to fight him until they get it from him."

33 Yahya related to me from Malik that he had heard that one of the administrators of 'Umar ibn 'Abd al-'Aziz wrote to him mentioning that a man had refused to pay zakat on his property. 'Umar wrote to the administrator and told him to leave the man alone and not to take any zakat from him when he took it from the other Muslims. The man heard about this and the situation became unbearable for him, and after that he paid the zakat on his property. The administrator wrote to 'Umar and mentioned that to him, and 'Umar wrote back telling him to take the zakat from him.

17.19 Zakat on Estimated Yields of Date-palms and Vines

34 Yahya related to me from Malik from a reliable source from Sulayman ibn Yasar and from Busr ibn Sa'id that the Messenger of Allah, may Allah bless him and grant him peace, said, " There is a tenth ('ushr) due on land that is watered by rain or springs or any natural means. There is half of an 'ushr (a twentieth) on irrigated land."

[cf Bukhari 1412]

35 Yahya related to me from Malik from Ziyad ibn Sa'd that Ibn Shihab said, " Neither ju'rur, nor musran al-fara, nor 'adhq ibn hubayq* should be taken as zakat from dates. They should be included in the assessment but not taken as zakat."

* Ju'rur is a type of date which becomes inferior when dried. Musran al-fara is an type of bad dates. 'Adhq ibn hubayq is a date which is of very poor quality.

Malik said, " This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

" Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, " The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while still on the trees. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, " Crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position about which there is no disagreement here (in Madina)."

Malik said, " The position that we are all agreed upon here (in Madina) is that the produce of date-palms is estimated while it is still on the trees, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsaq or more using the sa' of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged. Grape-vines are dealt with in the same way.

" If a man owns various pieces of property in various places, or is a co-owner of various pieces of property in various places, none of which individually comes to a zakatable amount, but which, when added together, do come to a zakatable amount, then he adds them together and pays the zakat that is due on them."

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