Zakât on Produce of the Land

Bahishti Zewar, Fiqh, Part 3-Fasting, Zakaat, Qurbani, Hajj etc. / Sunday, August 31st, 2008
  1. A particular place
    was in the control of the kuffâr. These kuffâr used to live there
    and lead their normal lives in that place. Thereafter, the Muslims invaded that
    place, waged war with the inhabitants, captured the place and propagated Islam
    therein. The Muslim ruler confiscated all the land of that place and distributed
    it among the Muslims. In the Shariah, such land is referred to as
    “ushri” land. If all the inhabitants of that place accepted Islam
    willingly and there was no need to wage a war against them, all the land of that
    place will still be regarded as ushri land. All Arab lands are also
    ushri lands.

  2. If a person owns an
    ushri land which has come down to him from his forefathers or purchases
    it from a Muslim who inherited it from his forefathers, zakât will be
    wajib on whatever produce that comes out of this land. The method of
    paying zakât for such a land is that the person will have to see how the land
    was irrigated. If it was irrigated entirely by rain water or if the crops were
    planted on the banks of a river or stream and these crops grew without having to
    irrigate them, then one tenth of the total produce of such a plantation will
    have to be given as zakât. However, if the plantation was
    irrigated through any other mechanical means, one twentieth of the total produce
    will have to be given as zakât. The same rule applies to an orchard which is on
    such a land. This is irrespective of the amount of produce, i.e. zakât will be
    wajib irrespective of whether the produce is of a considerable amount or
    very little.

  3. The same rule
    applies to corn, vegetables, esculent vegetables, fruit, flowers, etc.

  4. If honey is obtained
    from an ushri land, from the jungle or a mountain, zakât on this honey
    will also be wajib.

  5. A person planted a
    tree in his yard or planted vegetables or some other seed and later it bore some
    fruit. Zakât on such produce is not wajib.

  6. An ushri land
    does not remain ushri when it is purchased by a kâfir. Later, if a
    Muslim repurchases it or obtains it in some other way, it will not become an
    ushri land.

  7. This one tenth and
    one twentieth which we have mentioned, is it wajib on the person who owns
    the land or on the person who owns the produce of the land? There is a
    difference of opinion among the ulama in this regard. In order to
    facilitate matters, we generally say that it is wajib on the person who
    owns the produce of the land. If the land is given out on lease, zakât will be
    wajib on the person who owns the produce. This is irrespective of whether
    he pays the rent in cash or gives some produce of the land as a form of payment.
    But if the seeds were provided by the land owner, zakât will be wajib on
    both the land owner and the person who owns the produce according to their
    respective shares.

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