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Fiqh
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October 11, 2020

Akhsar al-Mukhtasarat | Book of Zakat | Agriculture

  زَكَاةُ اَلْمَكِيلِ

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وَتَجِبُ فِي كُلِّ مَكِيلٍ مُدَّخَرٍ خَرَجَ مِنْ اَلْأَرْضِ, وَنِصَابُهُ خَمْسَةُ أَوْسُقٍ,
وَهِيَ ثَلَاثُمِائَةٍ وَاِثْنَانِ وَأَرْبَعُونَ رِطْلًا وَسِتَّةُ أَسْبَاعِ رِطْلٍ بِالدِّمَشْقِيّ ِ
وَشُرِطَ مِلْكُهُ وَقْتَ وُجُوبٍ, وَهُوَ اِشْتِدَادُ حَبٍّ, وَبُدُوُّ صَلَاحِ ثَمَرٍ, وَلَا يَسْتَقِرُّ إِلَّا بِجَعْلِهَا فِي بَيْدَرٍ وَنَحْوِهِ

Zakah is compulsory upon everything measured by volume (كِيل) and stored that comes from the earth. The nisab of this is 5 awsuqs (1 wasaq = 60 sa’ (1 sa’ = 2.062 kilograms); 618.6 kilograms or 1363.8 pounds). Sheikh Amir Bahjat al-Hanbali حفظه الله calculated this as 612 kilograms.

5 awsuqs are 342 ritls and six-sevenths of a ritl; according to Damascene measures.
It is very important that a person knows these classical methods of measurement and at the same time know how to practically implement it in our daily lives as well. Ibn Balban al-Hanbali رحمه الله‎ even though he is also from Damascus, writes in his Hashiyyah that a Ritl previously used to be 600 Dirhams, but now it was 800 Dirhams. The time difference between Ibn Balban and Ibn Badran would be around just 200-250 years and we already see such a shift.

A conditions is that the person owns it at the time it becomes due. The time of obligation is the moment when the grain becomes firm, and fruit appears to be good and sound (edible and ready). The ownership is not established unless it is placed on a threshing floor (baydar) or the like meaning places or containers where the grain is placed to ripen and dry.

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وَالْوَاجِبُ عُشْرُ مَا سُقِيَ بِلَا مَئُونَة ٍ
وَنِصْفُهُ فِيمَا سُقِيَ بِهَا وَثَلَاثَةُ أَرْبَاعِهِ فِيمَا سُقِيَ بِهِمَا فَإِنْ تَفَاوَتَا اُعْتُبِرَ اَلْأَكْثَرُ, وَمَعَ اَلْجَهْلِ اَلْعُشْرُ

The obligatory amount to be given in Zakat, is one-tenth for whatever is irrigated without effort, and half of this (one-twentieth) for whatever is irrigated with effort.
Even though what is being given in Zakat might seem to be quite high, it needs to be remembered that the nisab is also quite high. Indeed Allah is Most Just. Irrigated without effort includes by means of rains etc.

Narrated Salim bin Abdullah from his father: The Prophet ﷺ said,

فِيمَا سَقَتِ السَّمَاءُ وَالْعُيُونُ أَوْ كَانَ عَثَرِيًّا الْعُشْرُ، وَمَا سُقِيَ بِالنَّضْحِ نِصْفُ الْعُشْرِ

“On a land irrigated by rain water or by natural water channels or if the land is wet due to a near by water channel Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory (as Zakat on the yield of the land).” [Sahih al-Bukhari]
Imam Abu Dawud رحمه الله added in his narration,

 أَوْ كَانَ بَعْلًا: اَلْعُشْرُ, وَفِيمَا سُقِيَ بِالسَّوَانِ ي‏ أَوِ اَلنَّضْحِ: نِصْفُ اَلْعُشْرِ

“When it is watered by underground water (close to the surface and keeping the land wet), a tithe is paid, but half a tithe is paid when the land is watered by wheels or animals.”

If this irrigation is coupled with it being natural as well as one’s own effort then three-quarters of it (one-tenth) i.e., 0.075 is obligatory for whatever is irrigated. If they are unequal in the year, whichever is greatest is used. This is based on estimation. The greatest here doesn’t mean in terms of time, but rather in terms of produce that the effort brought. If it is not known or cannot be estimated, one-tenth is used to be on the safe side.

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وَفِي اَلْعَسَلِ اَلْعُشْرُ سَوَاءٌ أَخَذَهُ مِنْ مَوَاتٍ أَوْ مُلْكِهِ إِذَا بَلَغَ مِائَةً وَسِتِّينَ رِطْلًا عِرَاقِيَّة

From honey (عَسَل), one-tenth is owed, whether it is taken from abandoned lands or one’s own property when it reaches 160 Iraqi ritl. This is approximately 61.2 kilograms. This calculation has been mentioned by Sheikh Amir Bahjat  حفظه الله from Madinah and Sheikh Ahmad Ibn Nasir al-Qu’aymi  حفظه الله from Ahsa. Sheikh Ahmad’s Hashiyyah in nearly 800 pages is a primary reference for Akhsar al-Mukhtasarat.
There is no hawl for honey.
The author is from Damascus, so why did he use Iraqi ritl? The Hanabila use Iraqi measurements because Imam Ahmad Ibn Hanbal and other earlier scholars were from Iraq.

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وَمَنْ اِسْتَخْرَجَ مِنْ مَعْدِنٍ نِصَابًا فَفِيهِ رُبُعُ اَلْعُشْرِ فِي اَلْحَالِ, وَفِي اَلرِّكَازِ اَلْخُمُسُ مُطْلَقًا, وَهُوَ مَا وُجِدَ مِنْ دَفْنِ اَلْجَاهِلِيَّةِ

Whoever extracts a minimum amount of ore, meaning anything from the earth other than the earth itself, such as gold, silver or ore the value of which reaches the minimum amount of either one – after being purified – including metals, gems, and minerals owes one-quarter of a tenth (0.025) immediately. Other metals are also calculated based on the nisab of gold and silver (2.5%).  It will be treated just like money.
One-fifth is owed from treasure (with a sign demarcating it), categorically small or large; gold, silver, or a commodity; found by a Muslim or a non-Muslim; adult or minor; free or buying his freedom; rational or insane.
Giving one-fifth of something doesn’t mean to split the thing itself. It means from the value of the said thing.
Treasure is anything found that is pre-Islamic and buried.

 

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Based on the Hanbali primer, Akhsar Al-Mukhtasarat authored by Ibn Balban al-Hanbali as taught by Sheikh Zahed Fettah حفظه الله

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