Zakat on Seeds and Olives

36 Yahya related to me from Malik that he asked Ibn Shihab about olives and he said, " There is a tenth due on them."

Malik said, " The tenth that is taken from olives is taken after they have been pressed, and the olives must reach a minimum amount of five awsaq. If there are less than five awsaq of olives, no zakat has to be paid. Olive trees are like date-palms in so far as there is a tenth on whatever is watered by rain or springs or any natural means, and a twentieth on whatever is irrigated. Olives, however, are not estimated while still on the trees.

" The sunna with us concerning grain and seeds which people store and eat is that a tenth is taken from whatever has been watered by rain or springs or any natural means, and a twentieth from whatever has been irrigated, that is, as long as the amount comes to five awsaq or more using the aforementioned sa', that is, the sa' of the Prophet, may Allah bless him and grant him peace. Zakat must be paid on anything above five awsaq according to the amount involved."

Malik said, " The categories of grain and seeds which are subject to zakat are: wheat, barley, sult (a kind of barley), sorghum, pearl millet, rice, lentils, peas, beans, sesame seeds and other such grains and seeds which are used for food. Zakat is taken from them after they have been harvested and are in the form of grain or seed."

He said, " People are entrusted with the assessment and whatever they hand over is accepted."

Malik was asked whether the tenth or the twentieth was taken out of olives before they were sold or after and he said, " The sale is not taken into consideration. It is the people who produce the olives that are asked about the olives, just as it is the people who produce foodstuffs that are asked about it, and zakat is taken from them on the basis of what they say. Someone who gets five awsaq or more of olives from his olive trees has a tenth taken from the oil after pressing. Whereas someone who does not get five awsaq from his trees does not have to pay any zakat on the oil."

Malik said, " Someone who sells his crops when they are ripe and are ready in the husk has to pay zakat on them but the one who buys them does not. The sale of crops is not valid until they are ready in the husk and no longer need water."

Malik said, concerning the words of Allah the Exalted, " pay their due on the day of their harvest, " (6: 141), that it referred to zakat, and that he had heard people saying that.

Malik said, " If someone sells his garden or his land, on which are crops or fruit which have not yet ripened, then it is the buyer who has to pay the zakat. If, however, they have ripened, it is the seller who has to pay the zakat, unless paying the zakat is one of the conditions of the sale."

Non-Zakatable Fruits

37 Malik said, " If a man has four awsaq of dates he has harvested, four awsaq of grapes he has picked, or four awsaq of wheat he has reaped or four awsaq of pulses he has harvested, the different categories are not added together, and he does not have to pay zakat on any of the categories - the dates, the grapes, the wheat or the pulses - until any one of them comes to five awsaq using the sa' of the Prophet, may Allah bless him and grant him peace, as the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat (to pay) on anything less than five awsaq of dates.'

" If any of the categories comes to five awsaq, then zakat must be paid. If none of the categories comes to five awsaq, then there is no zakat to pay. The explanation of this is that when a man harvests five awsaq of dates (from his palms), he adds them all together and deducts the zakat from them even if they are all of different kinds and varieties. It is the same with different kinds of cereal, such as brown wheat, white wheat, barley and sult, which are all considered as one category. If a man reaps five awsaq of any of these, he adds it all together and pays zakat on it. If it does not come to that amount he does not have to pay any zakat. It is the same (also) with grapes, whether they be black or red. If a man picks five awsaq of them he has to pay zakat on them, but if they do not come to that amount he does not have to pay any zakat. Pulses also are considered as one category in the same way as cereals, dates and grapes, even if they are of different varieties and are called by different names. Pulses include chick-peas, lentils, beans, peas, and anything which is agreed by everybody to be a pulse. If a man harvests five awsaq of pulses, measuring by the aforementioned sa', the sa' of the Prophet, may Allah bless him and grant him peace, he collects them all together and must pay zakat on them, even if they are from all kinds of pulse and not just one kind."

Malik said, " 'Umar ibn al-Khattab drew a distinction between pulses and wheat in what he took from the Nabatean Christians. He considered all pulses to be one category and took a tenth from them, and from cereals and raisins he took a twentieth."

Malik said, " If someone asks, 'How can pulses be added up all together when assessing the zakat so that there is just one payment, when a man can barter two of one kind for one of another, while cereals can not be bartered at a rate of two to one? ', then tell him, 'Gold and silver are collected together when assessing the zakat, even though an amount of gold dinars can be exchanged hand to hand for many times that amount of silver dirhams.'"

Malik said regarding date-palms which are shared equally between two men, and from which eight awsaq of dates are harvested, " They do not have to pay any zakat on them. If one man owns five awsaq of what is harvested from the one piece of land, and the other owns four awsaq or less, the one who owns the five awsaq has to pay zakat, and the other one, who harvested four awsaq or less, does not have to pay zakat. This is how things are done whenever there are associates in any crop, whether the crop is grain or seeds that are reaped, or dates that are harvested, or grapes that are picked. Any one of them that harvests five awsaq of dates, or picks five awsaq of grapes, or reaps five awsaq of wheat, has to pay zakat, and whoever's portion is less than five awsaq does not have to pay zakat. Zakat only has to be paid by someone whose harvesting or picking or reaping comes to five awsaq."

Malik said, " The sunna with us regarding anything from any of these categories, i.e. wheat, dates, grapes and any kind of grain or seed, which has had the zakat deducted from it and is then stored by its owner for a number of years after he has paid the zakat on it until he sells it, is that he does not have to pay any zakat on the price he sells it for until a year has elapsed over it from the day he made the sale, as long as he got it through (chance) acquisition or some other means and it was not intended for trading. Cereals, seeds and trade-goods are the same, in that if a man acquires some and keeps them for a number of years and then sells them for gold or silver, he does not have to pay zakat on their price until a year has elapsed over it from the day of sale. If, however, the goods were intended for trade then the owner must pay zakat on them when he sells them, as long as he has had them for a year from the day when he paid zakat on the property with which he bought them."

⇐ Предыдущая18192021222324252627Следующая ⇒

Поделиться: