Ushr On Leased Land And Zakaat On Animals

Question

I own a farm in ______ . Land in ______ is 99 year leasehold from government and I wanted to ask on how to calculate my zakaat on crops and animals. 

We do 2 crops a year one crop half is irrigated with bore water and other half rain fed crop. The second crop is fully irrigated crop only as grown on dry season .

My question is ush payable or flat Zakat of 2.5%. Is ushr payable how do calculate this?

Also I have cattle and sheep and goats too which I buy to sell and graze them with our own grazing land, crops from farm and also buy feed from outside on feedlot before selling them. The animals do not graze outside my farm fence. 

How do I work out my zakaat on animals ? 

Answer

Due to the land (which is on a 99-year leasehold) belonging to the government, ‘Ushr will not be Waajib. The land is required to be in the possession of the Muslims from the time it is conquered, or the land has to remain under the control of those who accepted Islaam willingly for Ushr to become Waajib.

However, if the crops are harvested for purposes of trade, then Zakaat will have to be given on the proceeds of the sale (i.e. after selling the crops) provided it equals to or exceeds the amount of Nisaab.

Regarding the animals, since they are for trading purposes, they will be treated as trading stock and Zakaat will have to be given according to their market value provided it equals to or exceeds the amount of Nisaab.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

(رد المحتار، ٤: ١٧٦، سعيد) 

(بدائع الصنائع، ٢: ١٤ ، دار الحديث) 

(الفتاوى التاتارخانية، ٣: ١٧٤ ، مكتبة زكريا ديوبند) 

(رد المحتار، ٢: ٢٧٦، سعيد) 

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