The
Estimation of Nisab on Palm Trees and Grapevines Through Khars, Not by Measure
(Kayl)
As
soon as palm trees and grapevines ripen and their produce is ready to be
picked, an estimation of their Nisab is made without their actual weighing. The
process is carried out by a knowledgeable and trustworthy person who estimates
the amount of fresh grapes and dates still on the trees for zakah as if they
were dry dates and raisins. The amount of zakah is, however, payable when the
fruit becomes dry.
Abu
Humayd as-Sa’idi related: “We went on the expedition of Tabuk with the Prophet,
(SAW). When we arrived at Wadi al-Qura, we saw a woman in her orchard. The
Prophet said: ‘Let us estimate [her zakah].’ Then the Messenger, (SAW),
estimated ten Awsuq and told her: ‘[The amount of zakah] has been calculated on
your [orchard’s] produce.’ “This is narrated by al-Bukhari.
This
is the practice of the Messenger of Allah, (SAW), and his companions and the
scholars observed it.
The
Hanafiyyah have different views because they consider conjecture to be
uncertain, and therefore, of no use in determining the amount owed. Still, the
tradition of the Messenger of Allah is a better guide (‘Azha) because
conjecture is not guessing; it is a diligent attempt to estimate the amount of
the produce. It is the same as estimating the amount of the produce lost
(because of its being rotten or moth-ridden). The basis for conjecture rests on
the custom that people eat fresh fruits, and as such, there is no need for
calculating the amount of zakah before it is eaten or plucked. In this way, the
owners are allowed to do what they want and, at the same time, to determine the
amount of zakah. The appraiser should ignore a third or a fourth of the produce
as a reprieve for the property owners since they, their guests, and their
neighbors need to eat some of it. Also, the produce is exposed to such perils
as birds feeding, passers-by plucking, and wind blowing. Any appraisal of the
amount of zakah on all of the produce without excluding a third or a fourth of
it (for the preceding reasons) would have militated against the genuine
interests of the owners.
Sahl
ibn Abu Hathamah related that the Prophet, upon whom be peace, said: “Whenever
you conjecture, estimate the [zakah] and ignore one-third. If you do not, then
leave [at least] one-fourth.” This is narrated by Ahmad and the authors of
Sunan, except for Ibn Majah. It was also reported by al-Hakim and Ibn Hibban,
and they both authenticated it. Commenting on the status of the report,
at-Tirmizhi says: “The hadith reported by Sahl is the one enacted or followed
by most scholars.” Bashir ibn Yassar said: “When ‘Umar ibn al-Khattab appointed
Abu Hathamah al-Ansari to estimate the property of Muslims, he told him:
‘Whenever you see that the people have left some dates unplucked for autumn,
leave them for the people to eat, and do not estimate the zakah on them.’ “
Makhul said: “Whenever the Messenger of Allah, upon whom be peace, assigned someone to estimate, he would say: ‘Be easy on the people, for some of their property [trees] could be barren, some low, and some for [their] eating.’ “It was narrated by Abu ‘Ubaid, who added: “The low palm tree is called as-sabilah and allows its fruit to be plucked by passers-by. The eating tree (al-akilah) is a palm tree especially designated as an eating tree for the owner’s family or for whoever is attached to them.”
Eating
of the Grains
It
is permissible for the owner to eat from the grain, and whatever he consumes
will not be included in the quantity subject to zakah, for this is a
long-standing custom. In any case, only a small amount is actually eaten. It is
the same as an owner of a fruit bearing tree eating some of its produce.
Therefore, the zakah will be estimated on the actual amount after he harvests
the crop and husks the seeds. Ahmad was asked about the eating of farik (rubbed
green wheat) by the owner, and he answered that there is no harm if the owner
eats what he needs. This is also the opinion of ash-Shaf’i, al-Layth and Ibn
Hazm. However, Malik and Abu Hanifah hold that the owner will have to account
for what he eats.
Combining
Grains and Fruit
Scholars
agree that various kinds of fruit can be combined even if their quality is
different--that is, excellent or bad in quality. Different kinds of raisins may
also be combined together, and so can the various kinds of wheat and cereals.
They
also agree that merchandise and its cash value received can be combined.
Ash-Shaf’i allows combining goods and cash only when purchased because the
nisab is calculated upon that. Scholars also do not allow the combination of
certain categories with others in order to attain a nisab, with the exception
of grains and fruits. That is why one category of animals cannot be combined
with another. For example, camels cannot be added to cattle to complete a
nisab, nor can fruit be combined with raisins.
Scholars
have different points of view in regard to combining various types of grains
with one another. The best and the most correct opinion is that no two things
can be combined to calculate a nisab. The nisab must be considered on every
category by itself. This is because there are various categories and many
kinds. Therefore, barley cannot be added to wheat, nor can the latter be added
to the former, which is also true of dates and raisins, and chickpeas and
lentils. This is the opinion of Abu Hanifah, ash-Shaf’i, and Ahmad, according
to one of the reports. Most of the early scholars hold this opinion.
Ibn
al-Munzhir says that most scholars concur that camels cannot be combined with
cattle or sheep, or cattle with sheep, nor dates with raisins. Thus, there can
be no combining of different kinds of produce or animals. Those who allow such
a practice do it without any authentic proof.
When
Zakah is Due on Plants and Fruits
Zakah
is due on plants when the grains mature and are ready to be rubbed off and on
the fruit when it is ripened. In the case of dates, for example, the indication
will be their brightness or red color, and with grapes their sweetness. Zakah
becomes due only after grains are husked or the fruit becomes dried. If the
farmer sold his grain after it had matured, and the fruit after it had ripened,
then its zakah will be paid by him and not the buyer. This is because the
obligation to pay zakah became due when the produce was still in the owner’s
possession.
To
continued
