Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir
To the Questions of the Visitors of his Facebook Page "Fiqhi"
To Abu Ali
Question:
As-Salamu Alaykum wa Rahmatullah,
Our eminent Sheikh, may Allah benefit us with your knowledge and place your effort to support the religion of Allah, the Truth, in the balance of your good deeds.
My question, my eminent Sheikh, is: Regarding Zakat on olives, do we give it from the olives themselves or from the oil?
As-Salamu Alaykum wa Rahmatullahi wa Barakatuh.
Shukri Al-Bahri – Tunisia
Answer:
Wa Alaykum As-Salam wa Rahmatullahi wa Barakatuh,
O brother, we adopt the opinion that there is no Zakat on fruits and crops other than wheat, barley, dates, and raisins. We have explained this in our books and in the answers to previous questions:
1- It is stated in the book The Funds in the Khilafah State, pages 157-158:
[The Types of Crops and Fruits Subject to Zakat
Zakat is obligatory on wheat, barley, dates, and raisins, based on what Musa bin Talha narrated from Umar, who said:
إِنَّمَا سَنَّ رَسُولُ اللهِ ﷺ الزَّكَاةَ فِي هَذِهِ الأَرْبَعَةِ: الْحِنْطَةِ، وَالشَّعِيرِ، وَالتَّمْرِ، وَالزَّبِيبِ
"The Messenger of Allah ﷺ only established Zakat in these four: wheat, barley, dates, and raisins." (Narrated by At-Tabarani).
And also from Musa bin Talha, who said:
أَمَرَ رَسُولُ اللهِ ﷺ مُعَاذَ بْنَ جَبَلٍ - حِينَ بَعَثَهُ إِلَى الْيَمَنِ - أَنْ يَأْخُذَ الصَّدَقَةَ مِنَ الْحِنْطَةِ وَالشَّعِيرِ، وَالنَّخْلِ، وَالْعِنَبِ
"The Messenger of Allah ﷺ commanded Mu’adh ibn Jabal—when he sent him to Yemen—to take Sadaqah from wheat, barley, date palms, and grapes." (Narrated by Abu Ubayd).
These Hadiths clarify that Zakat on crops and fruits is only taken from these four types: wheat, barley, dates, and raisins; it is not taken from other types of crops and fruits. This is because the first Hadith began with the word innama (only), which indicates restriction (hasr). What confirms the restriction of Zakat to these four types is what was narrated by Al-Hakim, Al-Bayhaqi, and At-Tabarani from the Hadith of Abu Musa and Mu’adh when the Prophet ﷺ sent them to Yemen to teach the people their religion, where he said:
لَا تَأْخُذَا الصَّدَقَةَ إِلاَّ مِنْ هَذِهِ الأَرْبَعَةِ: الشَّعِيرِ، وَالْحِنْطَةِ، وَالزَّبِيبِ، وَالتَّمْرِ
"Do not take Sadaqah except from these four: barley, wheat, raisins, and dates."
Al-Bayhaqi said regarding this Hadith: "Its narrators are trustworthy, and it is connected (muttasil)." This Hadith clearly restricts the collection of Zakat in crops and fruits to these four types; because the word illa (except), when preceded by a negative or prohibitive tool, signifies the restriction of what precedes it to what follows it. That is, restricting the taking of Sadaqah to the four mentioned types: barley, wheat, raisins, and dates.
Furthermore, the words wheat, barley, dates, and raisins mentioned in the Hadiths are solid nouns (asma’ jamida). Thus, their wording does not encompass anything else, neither literally, nor by implication, nor by necessity; because they are not descriptive nouns (asma’ sifat) or conceptual nouns (asma’ ma’ani). Rather, they are limited to the specific physical entities they were named after. For this reason, meanings like "staple food," "dryness," or "storability" are not derived from their wording, as the words themselves do not denote these meanings or characteristics. These Hadiths, which restrict the obligation of Zakat to these four types of crops and fruits, specify (mukhassis) the general wording found in the Hadiths:
فِيمَا سَقَتِ السَّمَاءُ الْعُشْرُ، وَفِيمَا سُقِيَ بِغَرْبٍ، أَوْ دَالِيَةٍ، نِصْفُ الْعُشْرِ
"From that which is irrigated by the sky, a tenth (1/10), and from that which is irrigated by a bucket or a waterwheel, a half-tenth (1/20)."
Accordingly, its meaning becomes: "From the wheat, barley, dates, and raisins that are irrigated by the sky, a tenth is due, and from those irrigated by a bucket or a waterwheel, a half-tenth is due."
Zakat is not obligatory on crops and fruits other than these four types. Therefore, Zakat is not taken from corn, rice, beans, chickpeas, lentils, or other grains and legumes. Similarly, it is not taken from apples, pears, peaches, apricots, pomegranates, oranges, bananas, or other types of fruits; because these grains and fruits are not included in the words wheat, barley, dates, and raisins. Furthermore, no valid text, consensus (ijma’), or analogy (qiyas) exists for them. Analogy does not apply to Zakat because it is an act of worship (ibadat), and analogy is not applied in acts of worship; they are restricted to the place of the text. Likewise, Zakat is not taken from vegetables, such as zucchini, cucumbers, pumpkins, eggplants, turnips, carrots, and others. It has been narrated from Umar, Ali, Mujahid, and others that there is no Sadaqah on vegetables; this was narrated by Abu Ubayd, Al-Bayhaqi, and others.] End quote.
2- We confirmed this matter in the answer to a question on November 8, 2013...
3- Then, in a previous answer on January 12, 2005, we touched upon Zakat on olives according to the various schools of thought (madhahib), where we said:
[............
They differed regarding Zakat on olives:
Zakat on olives is obligatory according to the Hanafis, Malikis, Shafi’is (in the old opinion), and a narration from Ahmad.
The Shafi’is (in the new opinion) and Ahmad (in the other narration) said there is no Zakat on olives. (See Al-Mughni, Sharh al-Minhaj, and Al-Sharh al-Kabir under the chapter of Zakat).
...... and other opinions.
Thus, you see that the schools of thought differ on anything other than the four types. I only mentioned their differences because you stated that the schools of thought are in agreement on all types of crops and fruits. Otherwise, the criterion is the evidence (dalil), and we have clarified the correct evidences applicable to the subject, showing that Zakat is only on the four mentioned types because the correct evidence applies to them.] End quote.
I will quote for you some of what was mentioned in this regard from the Kuwaiti Fiqh Encyclopedia:
[Kuwaiti Fiqh Encyclopedia (24/348, according to automatic numbering):
For those who say Zakat is taken from olives: If it is from the olives from which oil is pressed, the tenth (ushr) is taken from its oil after pressing, even if the oil is a small amount; because it is what is stored, thus it is equivalent to drying in other fruits. If it is stored as fruit, the tenth is taken as fruit if it reaches five awsuq (a specific measure). This is the school of the Malikis and Hanbalis. Malik said: "If the olives reach five awsuq, the tenth is taken from its oil after it is pressed." Abu Hanifa went to the opinion that the tenth is given as fruit in all cases.] End quote.
Therefore, if the questioner is one of the shabab (members) of the Party, then he acts according to the adoption (tabanni) we have, meaning it is not obligatory for him to give Zakat on olives. Consequently, he does not need to ask: "Do we give it from the olives themselves or from the oil?" However, if he is not from the shabab of the Party, then he acts according to the opinion he has adopted, and he must refer to the school of thought (madhhab) he follows regarding the subject of Zakat on olives and whether the payment should be from the olives or the oil.
Your brother, Ata Bin Khalil Abu Al-Rashtah
29 Jumada al-Ula 1444 AH Corresponding to December 23, 2022 CE
Link to the answer from the Ameer's page (may Allah protect him) on Facebook: