Hadith 22151

Muwatta Malik

موطأ مالك

39


Malik said, "If a man has four awsuq of dates he has harvested,four awsuq of grapes he has picked, or four awsuq of wheat he hasreaped or four awsuq of pulses he has harvested, the differentcategories are not added together, and he does not have to pay zakaton any of the categ ries - the dates, the grapes, the wheat or thepulses - until any one of them comes to five awsuq using the sa of theProphet, may Allah bless him and grant him peace, as the Messenger ofAllah, may Allah bless him and grant him peace, said, 'There is nozakat (to pay) on anything less than five awsuq of dates. 'lf any ofthe categories comes to five awsuq, then zakat must be paid. If noneof the categories comes to five awsuq, then there is no zakat to pay.The explanation of this is that when a man harvests five awsuq ofdates (from his palms), he adds them all together and deducts thezakat from them even if they are all of different kinds and varieties.It is the same with different kinds of cereal, such as brown wheat,white wheat, barley and sult, which are all considered as onecategory. If a man reaps five awsuq of any of these, he adds it alltogether and pays zakat on it. If it does not come to that amount hedoes not have to pay any zakat. It is the same (also) with grapes,whether they be black or red. If a man picks five awsuq of them he hasto pay zakat on them, but if they do not come to that amount he doesnot have to pay any zakat. Pulses also are considered as one category,like cereals, dates and grapes, even if they are of differentvarieties and are called by different names. Pulses include chick-peas, lentils, beans, peas, and anything which is agreed by everybodyto be a pulse. If a man harvests five awsuq of pulses, measuring bythe aforementioned sa, the sa of the Prophet, may Allah bless him andgrant him peace, he collects them all together and must pay zakat onthem, even if they are of every kind of pulse and not just one kind."Malik said, ''Umar ibn al-Khattab drew a distinction betweenpulses and wheat when he took zakat from the Nabatean christians. Heconsidered all pulses to be one category and took a tenth from them,and from cereals and raisins he took a twentieth."Maliksaid, "If some one asks, 'How can pulses be added up all together whenassessing the zakat so that there is just one payment, when a man canbarter two of one kind for one of another, while cereals can not bebartered at a rate of two to one?', then tell him, 'Gold and silverare collected together when assessing the zakat, even though an amountof gold dinars can be exchanged for many times tha tamount of silverdirhams.' "Malik said, regarding date palms which are sharedequally between two men, and from which eight awsuq of dates areharvested, "They do not have to pay any zakat on them. If one man ownsfive awsuq of what is harvested from one piece of land, and the otherowns four awsuq or less, the one who owns the five awsuq has to payzakat, and the other one, who harvested four awsuq or less, does nothave to pay zakat. This is how things are done whenever there areassociates in any crop, whether the crop is grain or seeds that arereaped, or dates that are harvested, or grapes that are picked . Anyone of them that harvests five awsuq of dates, or picks five awsuq ofgrapes, or reaps five awsuq of wheat, has to pay zakat, and whoever'sportion is less than five awsuq does not have to pay zakat. Zakat onlyhas to be paid by someone whose harvesting or picking or reaping comesto five awsuq."Malik said, "The sunna with us regardinganything from any of these categories, i.e. wheat, dates, grapes andany kind of grain o rseed, which has had the zakat deducted from itand is then stored by its owner for a number of years after he haspaid the zakat on it until he sell sit, is that he does not have topay any zakat on the price he sells it for until a year has elapsedover it from the day he made the sale, as long as he got it through(chance) acquisition or some other means and it was not intended fortrading. Cereals, seeds and trade-goods are the same, in that if a manacquires some and keeps them for a number of years and then sells themfor gold or silver, he does not have to pay zakat on their price untila year has elapsed over it from the day of sale. If, however, thegoods were intended for trade then the owner must pay zakat on themwhen he sells them, as long as he has had them for a year from the daywhen he paid zakat on the property with which he bought them."

USC-MSA web (English) reference: Book 17, Hadith 37