Hadith 22177

Yahya related to me from Malik that he asked Ibn Shihab aboutolives and he said, "There is a tenth on them."Malik said,"The tenth that is taken from olives is taken after they have beenpressed, and the olives must come to a minimum amount of five awsuqand there must be at least five awsuq of olives. If there are lessthan five awsuq of olives, no zakat has to be paid.Olivetrees are like date palms insofar as there is a tenth on whatever iswatered by rain or springs or any natural means, and a twentieth onwhatever is irrigated. However, olives are not estimated while on thetree. The sunna with us as far as grain and seeds which people storeand eat is concerned is that a tenth is taken from whatever has beenwatered by rain or springs or any natural means, and a twentieth fromwhatever has been irrigated, that is, as long as the amount comes tofive awsuq or more using the aforementioned sa, that is, the sa of theProphet, may Allah bless him and grant him peace. Zakat must be paidon anything above five awsuq according to the amount involved."Malik said, "The kinds of grain and seeds on which there is zakatare:
wheat, barley, sult (a kind of barley), sorghum, pearl millet,rice, lentils, peas, beans, sesame seeds and other such grains andseeds which are used for food. Zakat is taken from them after theyhave been harvested and are in the form of grai n or seed." He said,"People are entrusted with the assessment and whatever they hand overis accepted ."Malik was asked whether the tenth or thetwentieth was taken out of olives before they were sold or after andhe said, "The sale is not taken into consideration. It is the peoplewho produce the olives that are asked about the olives, just as it isthe people who produce foodstuffs that are asked about it, and zakatis taken from them by what they say. Someone who gets five awsuq ormore of olives from his olive trees has a tenth taken from the oilafter pressing. Whereas someone who does not get five awsuq from histrees does not have to pay any zakat on the oil."Malik said,"Someone who sells his crops when they are ripe and are ready in thehusk has to pay zakat on them but the one who buys them does not. Thesale of crops is not valid until they are ready in the husk and nolonger need water."Malik said, concerning the word of Allahthe Exalted, "And give its due on the day of its harvesting," that itreferred to zakat, and that he had heard people saying that.Malik said, "If someone sells his garden or his land, on which arecrops or fruit which have not yet ripened, then it is the buyer whohas to pay the zakat. If, however, they have ripened, it is the sellerwho has to pay the zakat, unless paying the zakat is one of theconditions of the sale."