34.0 CHAPTER ZAKAT ON GRAIN AND FRUITS
Zakat is wajib on all grains, even if it is not foodstuff. Zakat is wajib on all fruits that are measured and stored like dates and raisins.
“Chapter of Zakat on Grains and Fruits”: This is the third type of wealth upon which zakat is wajib. It includes all types of grains like wheat, barley, corn and millet. It includes all grains that are consumed or are stored. Zakat is also wajib on fruits like dates, raisins and all other fruits that are consumed or stored. Allah says: {And give its due (zakat) on the day of its harvest.} (Al-An’am: 141) He also says: {O you who have believed, spend from the good things which you have earned and from that which We have produced for you from the earth.} (Al-Baqarah: 267)
“Even if it is not foodstuff”: Zakat is wajib on grains that are stored, even if they are not foodstuff. As long as they are stored for some benefit, zakat must be paid on it. Examples of these grains would be fruit pits and stones, cress and fenugreek seeds and other such grains which are stored but are not consumed for nourishment but have other uses. Nevertheless, zakat has to be paid on these grains as long as they are stored for benefit.
“Zakat is wajib on all fruits that are measured and stored”: I.e., those that are weighed on a scale and are stored for future use. Zakat is not wajib on fruits that are not weighed. Similarly, it is not wajib on fruits that are weighed but cannot be stored as it is not possible to dry them so that they can be stored and preserved for future use. An example of something perishable would-be apples. Zakat is not wajib on them.
The nisab is attained when it weighs one thousand and six hundred Iraqi ratl. The fruit yield of a whole year is combined to make up the nisab. Different types are not mixed together.
“The nisab is attained when it weighs one thousand and six hundred Iraqi ratl”: (Translator’s note: One Iraqi ratl is equivalent to 406.25 grams according to Imam Abu Hanifah and 382.5 grams according to the majority of the scholars.) Zakat becomes wajib on fruits and grains when the nisab is attained as we have discussed before. The nisab for it as explained by the Prophet(pbuh) is five awsuq. A wasq is equivalent to sixty sa as per the Prophet’s sa. He(pbuh) said, “There is no zakat on a quantity which is less than five awsuq.” (Reported by al-Bukhari (2/133, 134) and Muslim (3/66) from the narration of Sa’id al-Khudri with a narration traceable to the Prophet(pbuh).)
If a wasq is sixty sa, so five awsuq will be three hundred sa’ as per the Prophet’s sa’. This is the nisab for grains and fruits.
“The fruit yield of a whole year is combined to make up the nisab”: For example, if a man has many types of dried dates. It is well-known that there are variants in dried dates. Hence, he combines the various types of dried dates together for they are all classified as dried dates. Zakat is paid if the combined weight attains the nisab. Similarly, there are different types of grapes. These are combined together and if the nisab is attained, zakat becomes wajib on it.
Other examples are barley and wheat. Their different types are combined together and zakat is paid if the nisab is attained.
“Different types are not mixed together”: Different types of things are not to be combined. For example, barley should not be mixed with wheat as they are different grains altogether.
The nisab must be in his possession when the zakat becomes wajib. It is not wajib on leftover grain or that which is given to the harvester. Zakat is not wajib on what one gathers lawfully like terebinth, cotton plant and cotton-seed even if it grows on his land.
“The nisab must be in his possession when the zakat becomes wajib”: This is when the grains grow hard and the fruits start ripening. If he gained possession only after the grains grew hard and fruits ripened as when he rented the land or he had left over grains after harvesting or other reasons, then zakat is not wajib. This is because he came to possess the grains and fruits after zakat became wajib.
“It is not wajib on leftover grain or that which is given to the harvester”: Or that which fell to the ground during harvesting. These are not accounted for as he came to possess them only after the zakat became wajib.
“Zakat is not wajib on what one gathers lawfully”: From the vegetation or fruits one collects from open ground or wilderness. There is no zakat on this type of fruit and vegetation because they are different from harvested produce. Allah says, {And pay the due of it on the day of its reaping.} (Al-An’am: 141) Hence what he gathers from open desert like firewood and grass does not warrant zakat.
“Like terebinth, cotton plant and cotton-seed”: These are seeds and fruits that are consumed or useful to man.
“Even if it grows on his land”: This is because it is comparable to pasture which, although it grows on the land owned by a person, zakat is not liable upon it. Allah has not included it amongst the things that warrant zakat.
SECTION.
A tenth is wajib on the produce where irrigation is natural. Half of this sum is wajib if irrigation is aided and three quarters of the sum if it is both natural and aided. The zakat is based on how the land is predominantly irrigated. If one is ignorant about this, then a tenth is paid as zakat.
“Section”: In this section, the author explains the amount payable as zakat for grains and fruits.
“A tenth is wajib on the produce where irrigation is natural”: That which flows to the date palms and cultivation unaided like water from the river and rain water. A tenth of the yield is given as zakat. This is due to the fact that the owner did not have to invest in irrigating the land.
“Half of this sum is wajib if irrigation is aided”: If the land is irrigated by a waterwheel which pumps water into the land where there are date palms, grapes and other cultivation, then half that sum of natural irrigation is payable as zakat. This is because the owner invested in buying the equipment and had to pay other expenses pertaining to it. An element of justice prevails here as he receives a rebate on the zakat due to the money spent on irrigation. Hence, he gives half of a tenth of the yield. That is, a twentieth.
“And three quarters of the sum if it is both natural and aided”: If in the course of the year the land is naturally irrigated half of the time and manually irrigated during the rest, then three quarters of a tenth is payable as zakat.
“The zakat is based on how the land is predominantly irrigated”: If it is irrigated naturally half of the year and manually the rest, then three quarters of a tenth of the yield is paid as zakat. However, if the land benefits from natural irrigation more than manual irrigation, for instance, then the zakat is in accordance to the irrigation method that is predominant. In this case it is natural irrigation, so it warrants a tenth of the yield. If the land was manually irrigated most of the year, then the zakat will be a twentieth of the yield.
“If one is ignorant”: I.e., as to which irrigation method was more predominant. In this case, he must resort to the default zakat payment of a tenth of the yield.
When the grains grow hard and the fruits ripen, zakat becomes wajib.
This is an explanation as to when zakat on grains and fruits becomes wajib.
“When the grains grow hard”: Zakat is not wajib before this.
“And the fruits ripen”: This is when the fruits turn red or yellow or when the grapes taste sweet and are fit for consumption. Zakat is wajib at this juncture as they are at man’s perusal at this stage.
However, if the grains are destroyed before they grow hard, before the fruits ripen or they are harvested or plucked before this, then the owner is not liable for zakat on this produce.
And zakat does not become wajib until the grains are on the threshing floor. If the grains are destroyed before this, not arising due to the owner’s neglect, then zakat is not liable.
“And zakat does not become wajib until the grains are on the threshing floor”: We discussed at the beginning of this chapter that possession of the produce is a condition for zakat. It becomes wajib only when the grains grow hard and the fruits ripen. One cannot claim to possess the grains and fruits unless he has complete control over it. That is, when the dates are in the trough and the stalks are at the threshing floor. Only at this stage is zakat wajib. If the produce is destroyed before this by means of natural disaster, then there is no zakat liable on the owner even if the grains have grown hard and the fruits have ripened.
If they are destroyed after total possession was achieved and if the destruction was not caused by the owner’s negligence such as a wildfire or a thunderstorm, zakat need not be paid. This is because he had no control over the situation. However, if the destruction was due to his carelessness and negligence, then he is liable to pay zakat as it was destroyed after he had total possession of the produce.
“If the grains are destroyed before this, not arising due to the owner’s neglect, then zakat is not liable”: That is, before the grains are brought to the threshing floor and not resulting from the owner’s negligence but due to a natural disaster. Destruction resulting in his negligence will render him liable for zakat on the destroyed grains and fruits.
Paying a tenth as zakat is wajib upon the leaseholder of a land.
“Paying a tenth as zakat is wajib upon the leaseholder of a land”: Zakat is wajib on the cultivated land. It is payable by him who has leased the land, not its owner.
Honey when taken from one’s possession or from uncultivated lands a weight equivalent to one hundred and sixty Iraqi ratl, a tenth is to be paid as zakat.
“Honey when taken from one’s possession or from uncultivated lands a weight equivalent to one hundred and sixty Iraqi ratl, a tenth is to be paid as zakat”: Scholars differ regarding zakat on honey. The majority of the scholars are of the opinion that there is no zakat on honey. Some of them are of the view that zakat is wajib on honey, citing ‘Umar having collected zakat on it. (Reported by Ibn Abi Shaybah in al-Musannaf (2/373) and ‘Abdul Razzaq in his Musannaf (6969 and 6970).)
The nisab for honey is ten qirab (containers) which total to one hundred and sixty Iraqi ratl.
The evidence provided by the majority of the scholars that zakat is not wajib on honey is that it is not included in the ayah: {And from that which We have produced for you from the earth.} (Al-Baqarah: 267) And the ayah: {And give its due (zakat) on the day of its harvest.} (Al-An’am: 141)
The evidence given by scholars that zakat is payable on honey is that ‘Umar collected zakat from honey dealers. The nisab is one hundred and sixty Iraqi ratl or ten qirab.
The correct view and Allah knows best is that there is no zakat on honey.
Rikaz is a buried treasure dating from the days of ignorance. A fifth is given as zakat for small or large quantities of it.
“Rikaz is a buried treasure dating from the days of ignorance. A fifth is given as zakat for small or large quantities of it”: Rikaz means buried treasure that dates back to the pre-Islamic era. (See al-Sihah (3/880).) If someone finds gold or silver that is buried in the ground that belonged to the disbelievers who pre-dated Islam, then it belongs to the finder. He pays a fifth of the value to the state treasury. The rest is his to keep.
If the treasure belonged to Muslims, then the rule is that of al-luqata (lost and found). If the buried gold and silver has marks on it indicating that the owners are Muslims, it is not permissible for the finder to keep it. Its description should be made evident to everybody and it should be advertised for a year.
If the owners do not come to retrieve it, then he may take limited ownership of it.
Marks on the gold and silver allows one to know whether it belonged to the disbelievers or Muslims. If a dirham coin had Islamic script embossed on it revealing the identity of the sultan who ruled during that time, then it is considered a treasure belonging to the Muslims.
If it is noted that the dirhams were minted during the Abbasid or Umayyad caliphates, then the treasure is given to the state treasury. The rule is similar to that of possessions found that do not have an owner.
There are three scenarios when a person finds buried treasure:
First: If it is treasure that belonged to people dating back to the days of ignorance, then it is considered rikaz and the rules of rikaz apply.
Second: If it belongs to the early Muslims of whom none exist at present, then the rule of a lost object without an owner applies. The treasure is handed over to the state treasury.
Third: If it belongs to a contemporary Muslim, then the rules of al-luqata (lost and found) applies.
By Shaykh Salih ibn Fawzan al-Fawzan
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