Zakah on Crops for Partners
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Fatwa No. ( 15658 )
Q: Two parties agreed to participate in an agricultural project, which
involves renting agricultural land irrigated by groundwater, with the partnership structured as follows: 1- The first party: bears all expenses, including the land rent, and the purchase of seeds, fertilizer, fuel, etc. 2- The second party: the farmer, who plants, waters, and works the land. The profits are divided at a ratio of (2:1), meaning two shares for the first party and one share for the second party. During the harvest season, they agreed with a company that owns harvesting machinery to harvest the crop, on the condition that the company takes 6% (six percent) of the total agricultural produce. After the harvest was completed, they found that Allah had blessed them with approximately (160,000 kilograms) (one hundred and sixty thousand kilograms), which is the total crop of wheat for that year. The questions are as follows: 1- Is each party responsible for the zakah on their own share, such that they do not bear the sin of the other if they fall short, especially since the second party is adamant about not deducting the zakah from his share, because he wants to dispose of his zakah himself, and especially since his school of jurisprudence differs from that of the first party? 2- What is the ruling on what is given to the harvesting company, which is 6% as mentioned, is it
deducted from the crop before the zakah is paid, or after the zakah is paid? 3- If each party is responsible for their own share, what is the ruling on the first party who spent an amount of four hundred thousand, which represents the company's capital? I ask your Eminence to clarify these matters.
A : 1- Zakah on crops becomes obligatory when the grain hardens, and the zakah is due on the entire crop. Each partner bears the amount corresponding to his share. If one of them conditions that the other pays the entire zakah from his share, the condition is valid, because this falls under the scope of agency. 2- The fee mentioned, which is 6% (six percent), has no zakah due on it; rather, it is deducted from the principal of the crop before the zakah is paid, because it is one of the means of purifying and preparing it for use. 3- What the first party lost of the mentioned amount is from his own money and is not counted as zakah; rather, zakah is obligatory on his entire share. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: Two parties agreed to participate in an agricultural project, which
involves renting agricultural land irrigated by groundwater, with the partnership structured as follows: 1- The first party: bears all expenses, including the land rent, and the purchase of seeds, fertilizer, fuel, etc. 2- The second party: the farmer, who plants, waters, and works the land. The profits are divided at a ratio of (2:1), meaning two shares for the first party and one share for the second party. During the harvest season, they agreed with a company that owns harvesting machinery to harvest the crop, on the condition that the company takes 6% (six percent) of the total agricultural produce. After the harvest was completed, they found that Allah had blessed them with approximately (160,000 kilograms) (one hundred and sixty thousand kilograms), which is the total crop of wheat for that year. The questions are as follows: 1- Is each party responsible for the zakah on their own share, such that they do not bear the sin of the other if they fall short, especially since the second party is adamant about not deducting the zakah from his share, because he wants to dispose of his zakah himself, and especially since his school of jurisprudence differs from that of the first party? 2- What is the ruling on what is given to the harvesting company, which is 6% as mentioned, is it
deducted from the crop before the zakah is paid, or after the zakah is paid? 3- If each party is responsible for their own share, what is the ruling on the first party who spent an amount of four hundred thousand, which represents the company's capital? I ask your Eminence to clarify these matters.
A : 1- Zakah on crops becomes obligatory when the grain hardens, and the zakah is due on the entire crop. Each partner bears the amount corresponding to his share. If one of them conditions that the other pays the entire zakah from his share, the condition is valid, because this falls under the scope of agency. 2- The fee mentioned, which is 6% (six percent), has no zakah due on it; rather, it is deducted from the principal of the crop before the zakah is paid, because it is one of the means of purifying and preparing it for use. 3- What the first party lost of the mentioned amount is from his own money and is not counted as zakah; rather, zakah is obligatory on his entire share. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.