|
Question:
Is it obligatory to pay Zakâh on olives? If so, what is the due amount, and
is it permissible to pay it in the form of oil?
Answer:
Seeking the help of Allah, Exalted be He, I say:
Scholars in the past as well as in recent times have disagreed on the
obligation of paying Zakâh on olives and other crops grown on land which is
not mentioned in the Sunnah. They disagree about determining the effective
cause behind paying Zakâh on the categories mentioned in the Sunnah.
The majority of scholars from the Hanafîs and Malikîs say it is obligatory
to pay Zakâh on olives. It is also the opinion of the old madhhab, as well
as an opinion attributed to Imam Ahmad. This opinion is also reported from
`Abdullâh Ibn `Abbâs (may Allah be pleased with him, as mentioned in
Musannaf Ibn Abû Shaybah and others.) In addition, it is narrated from a
number of the Tabi`ûn (Successors) and those who followed them in
righteousness; may Allah be pleased with them all.
The opinion of the majority of scholars is based on the following evidence:
First, Allah, Exalted be He, states, "And He it is who causes gardens to
grow, [both] trellised and untrellised, and palm trees and crops of
different [kinds of] food and olives and pomegranates, similar and
dissimilar. Eat of [each of] its fruit when it yields and give its due
[zakah] on the day of its harvest. And be not excessive. Indeed, He does not
like those who commit excess." [(Al-An`âm: 141]
In this verse, Allah, Exalted and Glorified be He, mentions olives as well
as other types of crops and fruit, then He says, "…and give its due [zakah]
on the day of its harvest." Hence, no part of these crops should be excluded
from the payment of Zakâh unless there is a particular reason to exclude it.
There is nothing in the Book of Allah or the Sunnah of His Messenger that
excludes olives from the payment of Zakâh on the day of harvest, as
mentioned in the Noble Qur'anic verse.
Commenting on this verse, Imam Al-Qurtubî (may Allah have mercy on him)
said, "People have differed as regards the explanation of the Arabic word
"haqqahu" (due right) in the verse? Anas Ibn Mâlik, Ibn `Abbâs, Tâwûs,
Al-Hasan, Ibn Zayd, Ibnul-Hanafiyyah, Ad-Dahhâk and Sa`îd Ibnul-Musayyib
said: “It is the obligated Zakâh, i.e. the one-tenth and the half-tenth.” It
is also narrated by Ibn Wahb and Ibnul-Qâsim on the authority of Mâlik with
regard to the explanation of the verse. This opinion is also maintained by
the companions of Imam Ash-Shâf`î.
`Alî Ibnul-Husayn, `Atâ', Al-Hakam, Hammâd, Sa`îd Ibn Jubayr and Mujâhid
said, "What is meant by the Arabic word 'haqqahu" is a right other than the
Zakâh, that Allah the Almighty has commanded people to pay as a recommended
act." This opinion is also narrated on the authority of Ibn `Umar and
Muhammad Ibnul-Hanafiyyah. Mujâhid said, "If you harvest the crops and some
poor people come, give them some of it (wheat, barely, and so on). When you
cut off the dates in bunches give them some of it. Likewise, when you thrash
the grain and sieve it give them some, and when you measure it pay Zakâh on
it."
The third opinion: The payment of Zakâh on olives has been abrogated by the
verse on the payment of Zakâh. This is because Sûrat Al-An`âm was revealed
in Mecca while the verse of Zakâh was revealed in Medina. This opinion is
narrated on the authority of Ibn `Abbâs, Ibnul-Hanafiyyah, Al-Hasan,
`Atiyyah Al-`ûfî, An-Nakha`î and Sa`îd Ibn Jubayr.
In addition, Sufyân said, "I asked As-Suddî about this verse, and he said,
"This verse was abrogated by the payment of one-tenth and half-tenth." I
asked him, "From whom did you narrate that?" He said, "From the scholars."
I say, "Whether the due right deduced from the verse refers to the known
Zakâh or to what is recommended to be given from the crops other than Zakâh,
it is annexed to it and does not substitute it. Rather, it continues to be
obligatory. And Allah knows best.”
Second, the generality of the Prophet's saying, "The due amount of Zakâh on
the land watered by rain or springs is a tenth. On irrigated land, the due
amount of Zakâh is half-tenth." [Related by Al-Bukhârî and the Compilers of
As-Sunan on the authority of Sâlim Ibn `Abdullâh on the authority of his
father, `Abdullâh Ibn `Umar (may Allah be pleased with them both)].
I say, "The explanation of this hadîth is the same as the above-mentioned
Qur'anic verse; it is not permissible to particularize a general text except
with proof. There is no proof to particularize this.”
Third, the yield of olives can be stored, and people can consume them for
one whole year, and some can use them for more than a year. Therefore,
scholars who maintain that Zakâh is due on olives compare them to raisins
and dates. This is so due to the `illah (effective cause). This `illah
allows scholars to make analogical deduction between olives and other stored
fruit and grains.
The preponderant opinion is that Zakâh is due on olives as it is supported
by general textual proof in the Qur'ân and Sunnah. This opinion was approved
in the Eighth Symposium on the Current Issues of Zakâh, which was held in
Doha in 1418 A.H. One of the statements mentioned in the recommendations of
that symposium is: "It is obligatory to pay Zakâh on all crops, fruit and
vegetables that are produced from the land if they reach the Nisâb (Minimum
amount upon which Zakâh is due).
Since it has been proved that Zakâh is due on olives, it should be known
that Zakâh should be paid as soon as the harvest is reaped. Allah the
Almighty states, "…and give its due [zakah] on the day of its harvest." The
due amount of Zakâh on olives is half-tenth of what is irrigated with
effort, whether it is irrigated with pumps or spring water that is carried
or not carried. The due amount on what is watered without effort is
one-tenth.
Zakâh is not due on the amount that has not reached the Nisâb, which is five
wasqs.[1] The Prophet (peace be upon him) said, "There is no Zakâh due on
that which is less than five wasqs." [Al-Bukhârî]. Five wasqs equal
sixty-five kilograms when weighed with current measures. It is up to the one
who pays Zakâh on olives to pay it in the form of grain or oil. Some
scholars have given further opinions that it is permissible to give the
price of the due amount in cash. It is appropriate to allow the payer of
Zakâh to have the choice of what is easier for him and more useful for the
recipients of Zakâh.
In Majmû` Al-Fatâwâ, Shaykhul-Islâm Ibn Taymiyah (may Allah have mercy on
him) said, "The ripe dates that do not become dried, the olives that are not
pressed and the grapes that do not turn to raisins.” Mâlik and others said,
"The Zakâh on these categories is taken out of the price when they reach
five wasqs.” If these categories are nearly ripe and are sold before that,
it was said that Zakâh should be paid from its price. It was also said that
it is given out of its fruit or oil.
Allah the Almighty is Most Knowledgeable, Most Wise, and it is He Who guides
to the Straight Path. May Allah's peace and blessings be upon Prophet
Muhammad, his household, and all his Companions.
-------------------------
[1] Wasq: A standard measure that equals 130320 grams.
|
