Book of Zakat

Zakat of That Which Comes

Out of The Land

زَكَاةِ الْخَارِجِ مِنَ الأَرْضِ

Glossary

Zakat of That Which Comes Out of The Land

[Types of Materials that Come out of the Earth]

There are two types:

:وَهُوَ نَوْعَانِ

First: Plants

:أَحَدُهُمَا النَّبَاتُ

Zakat is obligatory on plants, for all grain and fruit that can be measured (by volume) and stored, ⁴⁷⁴ if it is produced

فَتَجِبُ الزَّكَاةُ مِنْهُ فِيْ كُلِّ حَبٍّ وَثَمَرٍ، يُكَالُ وَيُدَّخَرُ إِذَا خَرَجَ مِنْ أَرْضِه وَبَلَغَ

474. Which Plants Are Zakatable?

Wheat, barley, corn, dates (and raisins - with few objections) are zakatable by agreement. As for other plants:

(A): These five, plus all plants that are measured by volume (not by weight or sold by number) and stored. This includes beans, lentils, caraway seeds, safflower, sesame seeds, hazelnuts and almonds, among others, but excludes fresh non-storable fruits and vegetables such as apples, pears, peaches, eggplants, turnips, and carrots, among others. It also excludes those measured by count, not volume. (+M +S agreed on the exclusion of perishable fruits and vegetables.) (H): All agricultural products planted by humans for their benefits are zakatable. Their position is supported by the general statement of the Prophet (SA):

“From what the heavens irrigate, one-tenth [is due].” (M – from Ibn ‘Umar)

فيما سَقَت السَّماء العُشْر.

The position of the majority is supported by the following report:

from the land and reaches five awsuq ⁴⁷⁵ [in measure]. This is based on the narration of the Prophet (SA), “There is no charity [meaning obligatory zakat in this context] on grain or fruit ⁴⁷⁶ until it reaches five awsuq.” ⁴⁷⁷

خَمْسَةَ أَوْسُقٍ؛ لِقَوْلِ رَسُوْلِ اللهِ : "لَيْسَ فِيْ حَبٍّ وَلاَ ثَمَرٍ صَدَقَةٌ حَتَّى يَبْلُغَ خَمْسَةَ أَوْسُقٍ."

Narrated from Abu Moosâ and Mu‘âdh ibn Jabal that when the Messenger of Allah (SA) sent them to Yemen to teach people their religion, he commanded them to take charity (in this case referring to zakat) only on these four things: barley, wheat, raisins, and dates. (ad-Dâraquṭni, H, Ba. Ibn al-Mulaqqin, al-Albâni:S)

عن أبي موسى ومعاذ بن جبل حين بَعَثهُما رسول الله إلى اليَمَن يُعلِّمان النَّاس أمْر دِينِهم قال لهم: لا تأخُذُوا الصَّدَقَة إلا مِن هَذِه الأرْبَعَة: الشَّعير والحِنْطَة والزَّبيب والتَّمر.

There are also other reports from the Companions with the same meaning, and they did not levy zakat on fruits and vegetables. (M) upholds this position because it was the practice of the people of Madinah.

Part of the reason why these plants (perishable fruits and vegetables) were exempted is the cost of their planting and the fact that they cannot be stored and must be consumed quickly, which makes it burdensome to grow them. Some contemporary scholars suggested that since the conditions of storage and distribution may change, the position of Imam Abu Ḥaneefah may be more conducive to equity and the attainment of the objectives of Sharia.

475. pl. of ‘wasq’.

476. ‘Dates’ is the word used in all narrations except that of ‘Abdur-Razzâq.

477. (Ag)

One wasq is equal to sixty ṣâ‘. One ṣâ‘ ⁴⁷⁸ is equal to one Damascene raṭl and 1 and 5/7 uqiyahs. Thus, the niṣâb is about 342 and 6/7 raṭls.

وَاْلوَسْقُ سِتُّوْنَ صَاعًا، وَالصَّاعُ رِطْلٌ بِالدِّمَشْقِيِّ وَأُوْقِيَّةُ وَخَمْسَةُ أَسْبَاعِ أُوْقِيَّةٍ. فَجَمِيْعُ النِّصَابِ مَا قَارَبَ ثَلاَثَمِائَةٍ وَاثْنَيْنِ وَأَرْبَعِيْنَ رِطْلاً وَسِتَّةَ أَسْبَاعِ رِطْلٍ.

The zakat that must be paid is ten percent [of the entire crop] for what has been watered by rain or water sources [that flow to the land without effort from the grower], and five percent for what has been irrigated with effort, such as bringing water by irrigation equipment or on the backs of camels [or any other beast of burden]. ⁴⁷⁹

وَيَجِبُ الْعُشْرُ فِيْمَا سُقِيَ مِنَ السَّمَاءِ وَالسُّيُوْحِ، وَنِصْفُ الْعُشْرِ فِيْمَا سُقِيَ بِكُلْفَةٍ، كَالدَّوَالِيْ وَالنَّوَاضِحِ.

478. Ibn Qudâmah goes on to describe these measurements in terms of Damascene pounds. Using modern measurements, 1 ṣâ‘ is about 2.2 kg; thus, 1 wasq = 2.2 x 60 = 130.6 kg, and the niṣâb = 5 x 130.6 = 653 kg. This is measured after the plants have been threshed and have no husks or chaff.

479. The Prophet (SA) said:

“On that which is irrigated by rain or springs, or through the roots, 10% is due; and on that which is irrigated by sprinkling [using equipment and/or beasts of burden], 5% is due.” (B – from Ibn ‘Umar)

فيما سَقَت السَّماء والعُيُون أو كان عَثْريا العُشْر وما سُقِي بالنَّضْح نِصْف العُشْر.

[When and How to Give Zakat of Crops]

Zakat becomes obligatory ⁴⁸⁰ when the fruit appears ripe ⁴⁸¹ and the grain has matured [is firm]. ⁴⁸²

وَلاَ يُخْرَجُ الْحَبُّ إِلاَّ مُصَفًّى، وَلاَ الثَّمَرُ إِلاَّ يَابِسًا.

One does not set the grain aside [as payment] until it has been threshed, and likewise for the fruit until it has been dried. ⁴⁸³

وَلاَ يُخْرَجُ الْحَبُّ إِلاَّ مُصَفًّى، وَلاَ الثَّمَرُ إِلاَّ يَابِسًا.

There is no zakat on what one collects of the permissible (for public use) grains, fruit that grows in the wild [without cultivation], ⁴⁸⁴

وَلاَ زَكَاةَ فِيْمَا يَكْسِبُهُ مِنْ مُبَاحِ الْحَبِّ وَالثَّمَرِ، وَلاَ فِيْ

480. This means that if the crops are destroyed for any reason before they are ripe and mature, zakat is not obligatory. Likewise, if the person sells the land before that time, zakat will not be due on the seller for any crops on that land.

481. This means that if the crops are destroyed for any reason before they are ripe and mature, zakat is not obligatory. Likewise, if the person sells the land before that time, zakat will not be due on the seller for any crops on that land.

482. This means that the zakat will be binding on them. Unless a calamity beyond their control befalls the produce, they will have to pay the zakat, even if they suffer a loss caused by their own negligence. This obligation becomes finally established once the produce has been taken to its storage places (silos). After that, even if a calamity beyond their control befalls the produce, the zakat must still be paid. (A)

483. If the fresh dates or grapes will be eaten before being dried, zakat may not be given from them, but the equivalent of what is binding must be given in the form of dried dates and raisins, according to (A). There is a disagreement in the madh-hab concerning grapes that do not turn into raisins. (A): Must still give out raisins. (a) + (-t): May give out grapes. Also, if they sold the produce before it was picked, they should still give out raisins according to (A), but according to (a) + (-t), they may give (10% or 5%) of the price.

484. Even if they grow on one’s land (without being planted).

items that have been found or picked up, ⁴⁸⁵ or wages for harvesting.

اللَّقَاطِ، وَلاَ مَا يَأْخُذُهُ أُجْرَةً لِحَصَادِهِ.

One kind of grain or fruit is not added to another to complete a niṣâb (zakat threshold). However, if there is one kind that has different varieties, like the various sorts of dates, there would be zakat on it [if all the varieties put together meet the niṣâb of five awsuq].

وَلاَ يُضَمُّ صِنْفٌ مِنَ الْحَبِّ وَالثَّمَرِ إِلَى غَيْرِهِ فِيْ تَكْمِيْلِ النِّصَابِ. فَإِنْ كَانَ صِنْفًا وَاحِدًا، مُخْتَلِفَ الأَنْوَاعِ، كَالتُّمُوْرِ، فَفِيْهِ الزَّكَاةُ.

One must pay zakat from each kind. If one pays a good kind as zakat for a bad kind, it is permissible [but not vice versa], and one would deserve a reward [from Allah the Almighty].

وَيُخْرِجُ مِنْ كُلِّ نَوْعٍ زَكَاتَهُ، وَإِنْ أَخْرَجَ جَيِّدًا عَنِ الرَّدِيْءِ، جَازَ، وَلَهُ أَجْرُهُ.

Second: Metals

النَّوْعُ الثَّانِيْ الْمَعْدِنُ:

Whoever extracts a niṣâb of metal – of gold or silver – or a value equal to this niṣâb ⁴⁸⁶ in precious metals such as kohl, copper and iron, must pay zakat on it. ⁴⁸⁷

فَمَنِ اسْتَخْرَجَ مِنْ مَعْدِنٍ نِصَابًا مِنَ الذَّهَبِ أَوِ الْفِضَّةِ، أَوْ مَا قِيْمَتُهُ ذٰلِكَ مِنَ الْجَوَاهِرِ أَوِ الْكُحْلِ أَوِ الصُّفْرِ، أَوِ الْحَدِيْدِ، أَوْ غَيْرِهِ فَعَلَيْهِ الزَّكَاةُ.

485. Even if the quantity picked up is equal to or more than the niṣâb, because the zakat is binding on the owner of the crops at the time of obligation as discussed above.

486. If the value of extracted metals reaches the niṣâb of silver or gold.

487. Which Metals Are Zakatable?

(A): All substances extracted from the earth that are not from its own substance are zakatable, including liquids like oil.

(-M, -S): Only gold and silver.

(-H): Only impressionable metals such as copper, lead, and iron. By agreement, zakat is due on gold and silver extracted from the ground.

[Its zakat] is not to be paid until after it has been cast and refined. ⁴⁸⁸

وَلاَ يُخْرَجُ إِلاَّ بَعْدَ السَّبْكِ وَالتَّصْفِيَةِ.

There is no zakat on pearls, coral, amber, or fish, or on what is hunted on the land or fished from the sea.

وَلاَ شَيْءَ فِيْ اللُّؤْلُؤِ وَالْمَرْجَانِ، وَالْعَنْبَرِ وَالسَّمَكِ، وَلاَ فِيْ شَيْءٍ مِنْ صَيْدِ الْبَرِّ وَالْبَحْرِ.

The zakat on buried treasure dating from the pre-Islamic period of ignorance ⁴⁸⁹ is one-fifth [of what is found], regardless of what kind of property it is, whether it is a small or large amount. ⁴⁹⁰

وَلاَ يُخْرَجُ إِلاَّ بَعْدَ السَّبْكِ وَالتَّصْفِيَةِ.

488. When Is Zakat Due for Metals Extracted, and How Much?

(A): One does not wait for the passing of one lunar year but gives the zakat after it is extracted and cast. The amount to be given is 2.5%, like the zakat of gold and silver.

(H): It is treated like buried treasure, which means 20%, not 2.5%.

489. When Is Zakat Due for Metals Extracted, and How Much?

(A): One does not wait for the passing of one lunar year but gives the zakat after it is extracted and cast. The amount to be given is 2.5%, like the zakat of gold and silver.

(H): It is treated like buried treasure, which means 20%, not 2.5%.

“If you find it in an inhabited village, announce [that you found it], and if you find it in a deserted village, then 1/5 is due on it and on [any] buried treasure from the pre-Islamic period of ignorance.” (H,Ba – from Ibn ‘Amr. Ibn Ḥajar in Buloogh al-Marâm:R)

إن وَجَدته في قَرْيَة مَسْكونة فَعَرِّفْه، وإن وَجَدته في قرية غَير مسكونة ففيه وفي الرِّكاز الخُمُس.

Thus, if the treasure is from the pre-Islamic era, with signs indicating this, and you find it in a deserted place, you may take it after paying 1/5 (20%) in charity, as mentioned above.

If the treasure is from the Islamic period, then you must announce that you found it, by advertising at the doors of mosques, in the markets, or by any modern way to advertise items that have been lost and found. (See the chapter on Lost and Found Property (Luqaṭah).)

490. There is no niṣâb. The 1/5 is paid upon finding the buried treasure, and the rest goes to the finder.

Its recipients are the same as the recipients of the fay’ (war booty gained without fighting), ⁴⁹¹ and the rest belongs to the one who finds it. ⁴⁹²

ومَصْرِفُه مَصْرِفُ الْفَيْءِ، وَبَاقِيْهِ لِوَاجِدِهِ.

491. Allah the Almighty says:

{What Allah gave as booty to His Messenger from the people of the townships, it is for Allah, His Messenger, the kindred (of the Messenger), the orphans, the poor, and the wayfarer...} (al-Ḥashr 59: 7)

{ مَّا أَفَاءَ اللَّهُ عَلَىٰ رَسُولِهِ مِنْ أَهْلِ الْقُرَىٰ فَلِلَّهِ وَلِلرَّسُولِ وَلِذِي الْقُرْبَىٰ وَالْيَتَامَىٰ وَالْمَسَاكِينِ وَابْنِ السَّبِيلِ }

Fay’ may also be spent in any cause that is beneficial to the community. The position chosen here is that of (A) + (+H, +M). (a) + (-S): The recipients are the same as the recipients of zakat.

492. Unless he finds it on land that is owned by someone, and the owner claims ownership of the treasure.

Zakat of That Which Comes Out of The Land

( Page : no 60)

Book of Zakat

زَكَاةِ الْخَارِجِ مِنَ الأَرْضِ

Introduction

The Book of Purification

The Book of Prayer

The Book of Funerals

The Book of Fasting

The Book of Hajj and 'Umrah

Book of Zakat

The Book of Selling and Commercial Transactions

The Book of Bequests

The Book of Inheritance

The Book of Marriage

The Book of Divorce

The Book of Sadaq

The Book of Dhihar

The Book of Lian

The Book of Foods

The Book of Oaths

Book of Fatal and Non-Fatal Assault

The Book of Indemnities

The Book of Hudood

The Book of Jihad

The Book of the Judiciary

The Book of Testimonies

Appendix

Glossary

[When and How to Give Zakat of Crops]

Zakat of That Which Comes Out of The Land