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Hadith 34363
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 grai n 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 by what they say. Someone who gets five awsuq or
more of olives from his olive trees has a tenth taken from the oil
after pressing. Whereas someone who does not get five awsuq 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 word of Allah
the Exalted, "And give its due on the day of its harvesting," 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."
Muwatta Malik Book 17, Hadith 38
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Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab
said, "Neither jurur, 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. "
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 on
the tree. 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
that we are all agreed upon 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 tree,
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 awsuq 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 . Grapevines 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 ." Muwatta Malik Book 17, Hadith 37
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Malik said, "If a man has four awsuq of dates he has harvested,
four awsuq of grapes he has picked, or four awsuq of wheat he has
reaped or four awsuq of pulses he has harvested, the different
categories are not added together, and he does not have to pay zakat
on any of the categ ries - the dates, the grapes, the wheat or the
pulses - until any one of them comes to five awsuq 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 awsuq of dates. 'lf any of
the categories comes to five awsuq, then zakat must be paid. If none
of the categories comes to five awsuq, then there is no zakat to pay.
The explanation of this is that when a man harvests five awsuq 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 awsuq 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 awsuq 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,
like 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 awsuq 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 of every kind of pulse and not just one kind."
Malik said, ''Umar ibn al-Khattab drew a distinction between
pulses and wheat when he took zakat 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 some one 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 for many times tha tamount of silver
dirhams.' "
Malik said, regarding date palms which are shared
equally between two men, and from which eight awsuq of dates are
harvested, "They do not have to pay any zakat on them. If one man owns
five awsuq of what is harvested from one piece of land, and the other
owns four awsuq or less, the one who owns the five awsuq has to pay
zakat, and the other one, who harvested four awsuq 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 awsuq of dates, or picks five awsuq of
grapes, or reaps five awsuq of wheat, has to pay zakat, and whoever's
portion is less than five awsuq does not have to pay zakat. Zakat only
has to be paid by someone whose harvesting or picking or reaping comes
to five awsuq."
Malik said, "The sunna with us regarding
anything from any of these categories, i.e. wheat, dates, grapes and
any kind of grain o rseed, 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 sell sit, 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." Muwatta Malik Book 17, Hadith 39