Discussion regarding the zakah of rented land.
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The Shaykh : Now, the owner of the land and the tenant who planted it, Khalid ibn Khalaf, agreed on whom the zakah is obligatory?
The questioner : The zakah is obligatory on the tenant of the land.
The Shaykh : On the tenant, why?
The questioner : The operative cause is that he is the owner of the grains and fruits.
The Shaykh : Well done. The operative cause is that he is the owner of the grains and fruits, and zakah is only obligatory on grains and fruits. Now, if the land is kharaji, on whom is its kharaj? We have now understood that the zakah is on the tenant, not the owner of the land. So if it is kharaji, on whom is its kharaj? Kharaji land is that on which a permanent rent has been imposed. And it will come to us, if Allah wills, in the chapter of jihad, that when 'Umar (may Allah be pleased with him) conquered Iraq, he saw that dividing the lands among the spoils-takers would harm the future of the Islamic nations, because their ownership would become private property. So he (may Allah be pleased with him) decided that the lands should be given for a rent of so much per feddan, to be paid by whoever benefits from the land, and this rent would go to the public treasury. This is the kharaji land on which the imam imposed a fixed, continuous kharaj taken from whoever holds it. The kharaj resembles, in some respects, what we call the subrah, yes, or the hikr in the Hijaz. There is a subrah on this land, which the owner gives to a person to exploit and benefit from it, either for a fixed term of one hundred or two hundred years, or permanently, and the owner has a fixed rent. This also exists in the Hijaz and is called the hikr because it is monopolized. So here we say: if the land is kharaji, on whom is the kharaj? On the owner. And the zakah is on the tenant. The reason is that the kharaj is on the substance of the land, and ... the land is on its owner, while the zakah is on the fruits, so it is on their owner.
The students: On the tenant.
The Shaykh : Yes, on the owner of the fruits, on the owner of them, meaning the owner of the fruits. Is my speech clear?
The questioner : Is it clear?
The Shaykh : Now, Zayd.
The questioner : ... .
The Shaykh : What is it?
The questioner : ... .
The Shaykh : Yes.
The questioner : And this is, according to the correct view, that ... .
The Shaykh : So he is not liable to guarantee it.
The questioner : ... .
The Shaykh : Yes.
The questioner : And you mentioned that the zakah ... .
The Shaykh : Yes, but who does the wealth belong to?
The questioner : ... the zakah is on the fruit.
The Shaykh : Yes, who does the fruit belong to? Who does it belong to?
The questioner : To the tenant.
The Shaykh : Then it is on him.
The questioner : I say...
The Shaykh : Since he did not neglect his duty, he is not liable to guarantee it. Now, we have understood the kharaji land on which the imam imposed a continuous, continuous kharaj taken from whoever holds it. And this only applies to lands taken as spoils from the disbelievers, meaning if we conquer the lands of the disbelievers and take their lands as spoils, this is what it is. Now.
The questioner : The zakah is obligatory on the tenant of the land.
The Shaykh : On the tenant, why?
The questioner : The operative cause is that he is the owner of the grains and fruits.
The Shaykh : Well done. The operative cause is that he is the owner of the grains and fruits, and zakah is only obligatory on grains and fruits. Now, if the land is kharaji, on whom is its kharaj? We have now understood that the zakah is on the tenant, not the owner of the land. So if it is kharaji, on whom is its kharaj? Kharaji land is that on which a permanent rent has been imposed. And it will come to us, if Allah wills, in the chapter of jihad, that when 'Umar (may Allah be pleased with him) conquered Iraq, he saw that dividing the lands among the spoils-takers would harm the future of the Islamic nations, because their ownership would become private property. So he (may Allah be pleased with him) decided that the lands should be given for a rent of so much per feddan, to be paid by whoever benefits from the land, and this rent would go to the public treasury. This is the kharaji land on which the imam imposed a fixed, continuous kharaj taken from whoever holds it. The kharaj resembles, in some respects, what we call the subrah, yes, or the hikr in the Hijaz. There is a subrah on this land, which the owner gives to a person to exploit and benefit from it, either for a fixed term of one hundred or two hundred years, or permanently, and the owner has a fixed rent. This also exists in the Hijaz and is called the hikr because it is monopolized. So here we say: if the land is kharaji, on whom is the kharaj? On the owner. And the zakah is on the tenant. The reason is that the kharaj is on the substance of the land, and ... the land is on its owner, while the zakah is on the fruits, so it is on their owner.
The students: On the tenant.
The Shaykh : Yes, on the owner of the fruits, on the owner of them, meaning the owner of the fruits. Is my speech clear?
The questioner : Is it clear?
The Shaykh : Now, Zayd.
The questioner : ... .
The Shaykh : What is it?
The questioner : ... .
The Shaykh : Yes.
The questioner : And this is, according to the correct view, that ... .
The Shaykh : So he is not liable to guarantee it.
The questioner : ... .
The Shaykh : Yes.
The questioner : And you mentioned that the zakah ... .
The Shaykh : Yes, but who does the wealth belong to?
The questioner : ... the zakah is on the fruit.
The Shaykh : Yes, who does the fruit belong to? Who does it belong to?
The questioner : To the tenant.
The Shaykh : Then it is on him.
The questioner : I say...
The Shaykh : Since he did not neglect his duty, he is not liable to guarantee it. Now, we have understood the kharaji land on which the imam imposed a continuous, continuous kharaj taken from whoever holds it. And this only applies to lands taken as spoils from the disbelievers, meaning if we conquer the lands of the disbelievers and take their lands as spoils, this is what it is. Now.