I have a farm with grapevines that bear fruit, but the birds come and take it all, and I do not benefit from it in any way.
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The questioner : May Allah reward the honorableThe Shaykh : I have a farm with grapevines that bear fruit, but the birds come and take it all, and I do not benefit from it in any way. Is there any zakah due on this, given that it cannot be estimated? And is it permissible to cover the fruit-bearing trees from the birds or to use something to drive them away?
The Shaykh : Yes. If the birds spoil this grape harvest such that nothing remains that reaches the nisab, then there is no zakah on its owner, because this happens without his negligence. However, if they spoil it but an amount equal to the nisab remains, then zakah is due on what remains. As for whether it is permissible to place a net over the grapes to keep the birds away, or to place things that make a noise to frighten the birds and drive them off, there is nothing wrong with it. This is because a person is permitted to defend his property; even if a Muslim man were to attack him, he would be allowed to defend his property. So how much more so with birds? There is nothing wrong with a person placing something to drive the birds away from spoiling his property, and he is not to be blamed for doing so. Yes.
The Shaykh : Yes. If the birds spoil this grape harvest such that nothing remains that reaches the nisab, then there is no zakah on its owner, because this happens without his negligence. However, if they spoil it but an amount equal to the nisab remains, then zakah is due on what remains. As for whether it is permissible to place a net over the grapes to keep the birds away, or to place things that make a noise to frighten the birds and drive them off, there is nothing wrong with it. This is because a person is permitted to defend his property; even if a Muslim man were to attack him, he would be allowed to defend his property. So how much more so with birds? There is nothing wrong with a person placing something to drive the birds away from spoiling his property, and he is not to be blamed for doing so. Yes.