Inheritance that has not been divided: how is the yield of the date palm subject to zakah?
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The first question of fatwa number ( 18584 )
Q1: A man died and left behind a date palm grove, and he had sons and a wife, and this grove remained
a partnership among them and they did not divide it. How is the zakah of its fruit calculated, and what are the necessary conditions for zakah to become obligatory in the partnership?
A1: Zakah is obligatory on what comes out of the earth from every measured and stored grain; such as wheat, barley, corn, sorghum, rice, chickpeas, lentils, and fava beans, and from fruit; such as dates, raisins, almonds, pistachios, hazelnuts, olives, and grapes; because its fruit, when dried, becomes something that is measured and stored. There is no zakah on vegetables and fruits. The evidence for what has been mentioned regarding the obligation of zakah on what comes out of the earth is the saying of Allah the Exalted:[Al-Baqarah 2:267] and the saying of the Prophet (peace and blessings be upon him): Jami` at-Tirmidhi 639Hasan (Darussalam) , which was recorded by al-Bukhari in (his Sahih). It is not required that a lunar year pass over it; rather, whenever the dates turn red or yellow and become ripe, and the grain is rubbed and the grapes and olives become good, zakah becomes obligatory on it; because of His saying the Exalted: [Al-An'am 6:141] . The nisab for this is five wasqs, and the wasq is sixty sa' (a dry measure of about 3 kg), so the nisab is three hundred sa' by the sa' of the Prophet (peace and blessings be upon him). When it reaches this amount, zakah becomes obligatory on it.
If it is of that which is watered by rain or springs, a tenth is obligatory on it, and if it is of that which is watered with effort, half a tenth is obligatory on it; because of his saying (peace and blessings be upon him):Jami` at-Tirmidhi 640Sahih (Darussalam) narrated by al-Bukhari . As long as the fruit of the grove is a partnership among you, zakah is obligatory on all of you from what comes out of it, if its yield is of that on which zakah is obligatory as we mentioned previously. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q1: A man died and left behind a date palm grove, and he had sons and a wife, and this grove remained
a partnership among them and they did not divide it. How is the zakah of its fruit calculated, and what are the necessary conditions for zakah to become obligatory in the partnership?
A1: Zakah is obligatory on what comes out of the earth from every measured and stored grain; such as wheat, barley, corn, sorghum, rice, chickpeas, lentils, and fava beans, and from fruit; such as dates, raisins, almonds, pistachios, hazelnuts, olives, and grapes; because its fruit, when dried, becomes something that is measured and stored. There is no zakah on vegetables and fruits. The evidence for what has been mentioned regarding the obligation of zakah on what comes out of the earth is the saying of Allah the Exalted:
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
يَا أَيُّهَا الَّذِينَ آمَنُوا أَنْفِقُوا مِنْ طَيِّبَاتِ مَا كَسَبْتُمْ وَمِمَّا أَخْرَجْنَا لَكُمْ مِنَ الأَرْضِFor what is watered by the heavens and steams, the Ushr is due, and for what is watered by irrigation, half of the Ushr.
فيما سقت السماء والعيون العشر، وفيما سقي بالنضح نصف العشرgive its due [zakah] on the day of its harvest
وَآتُوا حَقَّهُ يَوْمَ حَصَادِهِIf it is of that which is watered by rain or springs, a tenth is obligatory on it, and if it is of that which is watered with effort, half a tenth is obligatory on it; because of his saying (peace and blessings be upon him):
the Ushr of what was watered by the heavens and steams, or through natural channels, and half of the Ushr for what is watered by irrigation.
فيما سقت السماء والعيون أو كان عثريًّا العشر، وفيما سقي بالنضح نصف العشر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.