Zakaat On Produce

Question

I would like to enquire regarding a friend of mine who recently had bought a farm. He built a few cottages in the front of the farm for residential purposes and in the back half of the farm he planted fruit trees. Will there be any Zakaat necessary on the produce of this land and if yes, how much will be necessary?

Answer

There is no Zakaat of fruit, crops, grains that are not for resale but are planted for consumption.

However, the jurists have stated that there is Ushar in crops and fruit, if the land on which the crops and fruits are grown fall in the category of ‘Ushari land.’ This means that 1/10th of the produce or fruits harvested will have to be given out in charity in ‘Ushari land’.

For a particular land to be categorized as ‘Ushari land’, it is necessary that Muslim ownership always existed and was maintained from the point of Muslim rule. If continuous Muslim ownership was not maintained, (rather it ceased at some time or the other), the land will not be regarded as ‘Ushari land.’

The author of Hidaaya states, ‘Ushari land’ refers to such land where the inhabitants (of the land) had either accepted Islam or the land was seized forcefully (by the Muslims) and distributed amongst the successful conquerors.

The jurists have also stated that if an irrigation or sprinkler system is utilized in watering the farm or water is drawn from a ‘water well’ for watering the crops, one will be required to give 1/20th of the crops in ‘Ushar’. However, if the farm is naturally watered with rain water without having the need of a adopting a separate method of irrigation, then 1/10th of the crops will have to be given out in Ushar.

However, after studying the above definitions of ‘Ushari land’, we conclude that South African land does not fall under the category of ‘Ushari land’ and is therefore exempt from ‘Ushar.’ You are therefore not required to pay any form of Zakaat/Ushar on the produce, unless the produce is for resale.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

وَكُلُّ أَرْض أَسْلَمَ أَهْلُهَا أَوْ فُتِحَتْ عَنْوَةً وَقُسِّمَتْ بَيْنَ الْغَانِمِينَ فَهِيَ أَرْضُ عُشْرٍ ؛ لِأَنَّ الْحَاجَةَ إِلَى ابْتِدَاءِ التَّوْظِيفِ عَلَى الْمُسْلِمِ وَالْعُشْرُ أَلْيَقُ بِهِ لِمَا فِيهِ مِنْ مَعْنَى الْعِبَادَةِ ، وَكَذَا هُوَ أَحَضُّ حَيْثُ يَتَعَلَّقُ بِنَفْسِ الخارج
( هداية ص٥٩١ ج٢)

Fataawa Mahmoodiyya pg.438 vol.9

Fataawa Mahmoodiyya pg.434/436 vol.9

Fataawa Mahmoodiyya pg.435 vol.9 

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