Ibn Majah

Benefits and Issues:
(1)
Produce that grows from underground moisture, meaning that which does not require rain or irrigation, such as crops that grow in land near a river. Similarly, the roots of date palm trees go very deep, so in some areas they do not require irrigation. On such produce, one-tenth (1/10) is due as zakat.

(2)
The singular of SAWANI is SANIYAH, meaning a she-camel upon which water is carried. Nowadays, in some places, water is delivered through tankers or pipelines, which incurs considerable expense; this falls under the same ruling.

Hadith Commentary:
In the principles of hadith, it has already been established that an addition (ziyadah) from a trustworthy (thiqa) and precise (dabt) narrator is acceptable.
On this basis, the hadith of Abu Sa'id radi Allahu anhu, in which it is not mentioned which portion of the wealth is to be taken as zakat—whether it is one-tenth or one-twentieth—contains an addition in this hadith, i.e., the hadith of Ibn Umar radi Allahu anhu, so this addition will be necessarily accepted.
Some have translated it thus: this hadith, i.e., the hadith of Abu Sa'id radi Allahu anhu, explains the first hadith, i.e., the hadith of Ibn Umar radi Allahu anhu.
Because in the hadith of Ibn Umar radi Allahu anhu, the amount of the nisab (minimum threshold) is not mentioned.
Rather, it only mentions that from every produce, one-tenth or one-twentieth is to be taken.
Whether it is five wasq or less than that.
And in the hadith of Abu Sa'id radi Allahu anhu, there is detail that there is no zakat on less than five wasq.
So this is an addition.
And the addition of a trustworthy and reliable narrator is accepted.
(Waheed al-Zaman, rahimahullah)

Hadith Commentary:
(1)
The first hadith is narrated from Ibn Umar (radi Allahu anhu) that for land irrigated by rain or springs, one-tenth (ushr) is due, and the second hadith is narrated from Abu Sa'id al-Khudri (radi Allahu anhu) that there is no charity (zakat) on produce less than five wasq, which will be mentioned later. This second hadith, i.e., the hadith of Abu Sa'id al-Khudri, explains the first hadith: that zakat is not due on all produce in general, but only when it reaches the amount of five wasq, then ushr will be taken from it. From this clarification, it is evident that Imam Bukhari (rahimahullah)'s aforementioned note comes after the hadith narrated from Abu Sa'id al-Khudri (radi Allahu anhu). In reality, both these ahadith explain each other, because the hadith of Abdullah ibn Umar (radi Allahu anhu) does not specify a threshold (nisab), which is determined by the hadith of Abu Sa'id al-Khudri (radi Allahu anhu), and the hadith of Abu Sa'id al-Khudri does not detail the ushr or half-ushr, which is derived from the hadith of Abdullah ibn Umar (radi Allahu anhu). Since Imam Bukhari (rahimahullah) has stated a principle that if there is ambiguity in a narration, it should be clarified by other narrations, and if there is an addition in a narration, it should be accepted provided the one reporting the addition is upright and trustworthy, as he has cited the example of Bilal (radi Allahu anhu) who says:
The Messenger of Allah (sallallahu alayhi wa sallam) prayed inside the Ka'bah, while Fadl ibn Abbas (radi Allahu anhu) says that he did not pray inside the House of Allah. Since Bilal (radi Allahu anhu) mentions an additional detail, the decision will be based on his statement that indeed the Messenger of Allah (sallallahu alayhi wa sallam) prayed inside the Ka'bah. Similarly, regarding agricultural produce, the decisive narration is the one that specifies the threshold (nisab), or the one that details the ushr and half-ushr.

(2)
The details of how much is to be paid from which type of land produce regarding ushr are as follows:
Regarding ushr, Allah the Exalted says:
﴿وَآتُوا حَقَّهُ يَوْمَ حَصَادِهِ﴾ (al-An'am 6:141)
"And pay its due on the day of its harvest."
Also, in the Noble Qur'an:
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا أَنفِقُوا مِن طَيِّبَاتِ مَا كَسَبْتُمْ وَمِمَّا أَخْرَجْنَا لَكُم مِّنَ الْأَرْضِ﴾ (al-Baqarah 2:267)
"O you who believe! Spend from the good things which you have earned and from what We have produced for you from the earth."
In the first noble verse, the "right of Allah" refers to the charity (sadaqah) that is given from the produce of the land to the poor and needy for the sake of Allah, because it is Allah alone who, by His grace and favor, has produced this crop. At this point, the amount of this "right" is not specified, but its determination has been made by the Messenger of Allah (sallallahu alayhi wa sallam) as mentioned in the hadith:
"The land which is irrigated by rain or natural springs, or which is self-irrigated due to being near a river, from the produce of such land, one-tenth (ushr) is to be taken, and from the land which is irrigated by drawing water from wells, half of one-tenth (i.e., one-twentieth) is to be taken."
In this hadith, the reality of the land that yields produce and the amount of ushr on its produce is clearly stated.
The Shari'ah has made the availability of water for irrigation, i.e., the means of obtaining produce, the basis for the amount of ushr.
If water for irrigation is easily available and there is no effort or hardship involved, then one-tenth (ushr) of the produce must be given as zakat.
On the contrary, if effort and hardship are required to obtain water or expenses are incurred, then half-ushr, i.e., one-twentieth, is due.

(3)
Generally, in our region, there are two types of irrigation for land:
* Canal water:
The government has established a permanent department for this, "Irrigation," and the landowner has to bear not only effort and hardship but also expenses. Water charges, etc., must be paid, and even then, canal water is not sufficient for the crops, so other sources are used to meet the needs.
* Tube well:
First, installing a tube well requires a considerable amount of money. Once it is installed, the mercy of the electricity department (WAPDA) begins. Obtaining a connection is as difficult as extracting milk from a stone. After that, the third stage, which continues constantly, is the back-breaking and nerve-wracking payment of monthly electricity bills, or water is purchased by the hour to irrigate the crops. Therefore, considering the personal effort and financial expenses involved in obtaining produce from the land, in our region, half-ushr, i.e., one-twentieth, must be given as zakat on the produce.
It should be noted that all other expenses are not related to irrigation but are incurred by the landowner to protect or increase the yield, such as:
Fertilizer or spraying, etc. Then, to avoid personal effort and for convenience, the landowner incurs some expenses, such as:
Using a tractor at the time of sowing, hiring laborers at the time of harvesting, or using a thresher at the time of gathering the crop.

(4)
The amount of produce is not specified in the aforementioned hadith, i.e., at what threshold (nisab) ushr becomes obligatory. This is clarified in another hadith which will be mentioned later.
The Messenger of Allah (sallallahu alayhi wa sallam) said:
"There is no zakat, i.e., ushr, on produce less than five wasq."
(Sahih al-Bukhari, Zakat, Hadith: 1484)
The amount of wasq will be mentioned in the benefits of the upcoming hadith.
In the time of the Messenger of Allah (sallallahu alayhi wa sallam), the Muhajirun were generally traders and the Ansar were agriculturists. They used to cultivate the land themselves, harvest it themselves, and gather the crops themselves. Due to the effort and expenses involved in irrigation, it was necessary for them to pay one-twentieth (half-ushr) of the produce as ushr. No other expenses were deducted from the produce.
In our region, lands irrigated by natural resources are very few, from which one-tenth (ushr) is taken from the produce.

(5)
Now, some clarifications regarding ushr are presented:
* For agricultural zakat, the passing of a year is not a condition; rather, whenever the crop is harvested, zakat becomes obligatory at that time, as is evident from the following noble verse:
﴿وَآتُوا حَقَّهُ يَوْمَ حَصَادِهِ﴾ "Pay its due on the day of its harvest." (al-An'am 6:141)
* In the time of the Messenger of Allah (sallallahu alayhi wa sallam), zakat was taken from wheat, barley, raisins, and dates, but in our region, many other crops are produced in abundance, such as:
Rice, chickpeas, millet, pearl millet, and maize, etc. Zakat is obligatory on all these crops and must be paid.
* Such vegetables and greens that do not spoil quickly, such as:
Potatoes, onions, garlic, ginger, and pumpkin, etc., ushr (agricultural zakat) is obligatory on them as well. But those vegetables that are consumed fresh and spoil quickly, such as:
Gourd, tinda, bitter gourd, and ridge gourd, etc., agricultural zakat is not due on them; rather, commercial zakat applies to their profits, provided it reaches the nisab and a year passes over it, in which case two and a half percent or one-fortieth must be paid.
* Ushr is also due on fruits, provided they are used for a long time.
In the time of the Messenger of Allah (sallallahu alayhi wa sallam), ushr was paid on raisins and dates, but in our region, there are many other dried fruits, such as:
Walnuts, almonds, apricots, and peanuts, etc. If such fruits reach the nisab, agricultural zakat becomes obligatory on them.
* Cotton is also a land produce and is a particularly profitable crop in our country; therefore, ushr must be paid on it as well, i.e., one maund out of twenty maunds as ushr.
If a farmer is also a trader, he should pay ushr first if the cotton produce reaches the nisab, and then if he sells it in trade and the amount reaches the nisab, he should also pay commercial zakat. That is, the calculation for crops will be separate, and the calculation for commercial goods will be separate. Zakat must be paid on the amount of commercial goods, whatever the source.
* In some of our areas, sugarcane is also cultivated.
If it is sold to mills, then commercial zakat must be paid on it, and if it is fed to animals as fodder, it is exempt.
If jaggery, sugar, or refined sugar is made from this cane, then ushr must be paid on it, provided it reaches the nisab.
* If someone gives his land to another for cultivation as a loan (ariyah), then the one who harvests the crop will pay the ushr; the landowner is not responsible for its payment because he did not benefit.
If the landowner gives the land to another for cultivation on a fixed share, then there are two positions:
(a)
If each person's share reaches the nisab, then ushr must be paid from it; if neither's share reaches the nisab, then ushr is not obligatory on anyone. That is, whoever's share reaches the nisab must pay ushr from his share.
(b)
The position of Imam Shafi'i and Imam Ahmad (rahimahullah) is that if the total produce reaches the nisab, then each should pay ushr according to his share, and then the produce should be divided according to the agreed shares.
According to us, this second position is weightier, and it is also beneficial for the poor and needy.

Payment of Ushr and Expenses for Fertilizer, Medicine, etc.

Question

We have some agricultural land, and when the time came to pay ushr, my cousin said that from the time of sowing the crop until now, that is, until it is harvested and brought home, all the expenses incurred should be deducted, and then ushr should be taken out from what remains. However, I say that this is not the case; rather, ushr is one-twentieth of the entire crop. Please clarify: is ushr to be given from what remains after deducting all expenses, or from the entire crop?

Answer:

The Messenger of Allah sallallahu alayhi wa sallam said:

«فِيْمَاسَقَتِ السَّمَاءُ وَالعُيُونُ أَوْ كَانَ عَثَرِيًّا العُشْرُ، وَمَاسُقِيَ بِالنَّضْحِ: نِصْفُ العُشْرِ»

For land irrigated by rain, springs, or floodwater, the ushr (one-tenth) is due, and for land irrigated by a waterwheel (well, water drawn and supplied), one-twentieth is due. [

صحيح بخاري: 1483]

It is clear from this that from rain-fed land, one-tenth of the entire produce, and from well-irrigated (or similar) land, one-twentieth is to be taken out as ushr.

I do not know of any evidence for deducting expenses from the land.

The general wording of the hadith includes all produce.

A specific proof is required to make an exception for deducting expenses.

In summary, your position is correct. [شهادت، مارچ 2001ء]

……………… Original Article ………………

For the original article, see Fatawa Ilmiyyah, also known as Tawdhih al-Ahkam (Volume 2, pages 163 and 164) by Shaykh Hafiz Zubair Ali Zai rahimahullah

Payment of Ushr and the Expense of Fertilizer, Medicine, etc.

Question: Is the ushr (one-tenth) due after the yield reaches nineteen (19) man, or must one also pay one-twentieth if the yield is less than that? For example, if the yield is twenty kilograms, does one have to take out one kilogram as ushr from it? Should the expense of fertilizer and medicine used in the crop be deducted before giving ushr or not?

Answer:

It is mentioned in an authentic hadith that there is no zakat, i.e., ushr, on less than five wasq. See: [صحيح بخاري: 1405، صحيح مسلم: 979]

One wasq is sixty sa‘.

And one sa‘ is two and a half kilograms.

According to this calculation, it is approximately 18 man and 30 kilograms, or a little less than that.

Therefore, whether it is nineteen man or twenty, ushr must certainly be taken out from it.

If the grain is ten man or more or less, then taking out ushr is not obligatory.

As for deducting the expense of fertilizer and medicine, to my knowledge, there is no evidence for this. And Allah knows best. [شهادت، اگست 2000ء]

(1) In the preceding ahadith, the nisab (minimum threshold) for crops subject to ushr (one-tenth zakat) was mentioned—i.e., how much crop is liable for zakat? In this hadith, the amount is specified—i.e., how much zakat is to be given?

(2) For all other items, zakat becomes obligatory after a year has passed, such as: livestock, gold, silver, money, and trade goods. However, for grain and fruits, i.e., crops, zakat is due at the time of harvest; there is no condition of a year passing. Generally, each crop is harvested only once a year, so in effect, zakat is also due after a year, but the obligation to pay arises at the time of harvesting.

(3) The zakat on livestock is specific and has been detailed previously. The zakat on gold, silver, money, and trade goods is one-fortieth of the total value, but the zakat on crops is one-tenth or one-twentieth, and it is commonly referred to as ushr.

(4) The zakat on crops is determined by the type of water used. Since crops cannot grow without water, consideration of water is essential. The rule in this regard is that if the water is provided without any hardship or expense, then one-tenth (ushr) of the crop must be given as zakat. For example: rainwater, river water, and spring water reach the crops naturally by the system of the universe; only stopping, diverting, or opening the water is required, which is not a hardship and does not incur significant expenses. Therefore, the amount of zakat is set higher in this case. But if providing water involves significant hardship or expenses, then one-twentieth (half of ushr) is due as zakat on the crop irrigated by such water. For example: drawing water from a well is a laborious task, whether it is done by bucket, by animal, or by tube wells. Similarly, if water has to be brought from afar in water skins or containers to irrigate the crop, that too is a great hardship, and it also involves expenses and the use of animals. Therefore, the amount of zakat is set lower in these cases.

(5) In some areas, canal water is available, which reaches the fields by itself, but a water tax (abiana) must be paid. Similarly, if along with canal water, tube well water is also used, which involves significant expenses, or if the crop is irrigated solely by tube well, then in these cases, one-twentieth is due as zakat. Tube wells are treated the same as wells and waterwheels (rahat).

(6) On which crops is zakat due? This is a matter of considerable difference of opinion. However, ushr on grains is agreed upon. Imam Malik rahimahullah has made zakat obligatory on every crop that is edible and can be stored. The Hanafi scholars have made zakat obligatory on anything that can be measured or weighed, provided it can be stored; being edible is not necessary. The majority of scholars have considered storability as a condition. As for those fruits and vegetables that cannot be stored, according to the majority, ushr is not due on them. However, for those fruits that can be preserved in some way, ushr is due, for example: grapes can be preserved as raisins, apricots can be dried, and sugarcane can be preserved as sugar or jaggery, so ushr is due on these as well. Cotton is also a storable item, so ushr is due on it as well, though there is a difference of opinion regarding its nisab. Through ijtihad (independent reasoning), a distinction can be made between small and large amounts. Fodder and similar crops grown for animals are exempt from ushr because they are for temporary use.

(7) Based on the apparent meaning of this narration, Imam Abu Hanifah rahimahullah has said that ushr is due on every small and large produce of the land. However, explicit narrations regarding the nisab contradict this inference. This discussion has already passed. When nisab is considered for other things, such as gold, silver, and livestock, then what is the reason for not considering nisab for crops?

Lexical Explanation:
«فِيمَا سَقَتِ السَّمَاءُ» refers to rain, hail, snow, dew, etc., and this is a fronted predicate.
«وَالْعُيُونُ» is the plural of «عين». It refers to those springs that burst forth from the belly of the earth, and sometimes canals are formed from them, and at times water flows in the form of streams. It is easy to draw water from them; neither does one have to fill a vessel repeatedly, nor is there the trouble of extracting water with any device. Rather, their water is obtained without any hardship or effort.
«اَوْ كَانَ عَثَرِيّاً» — both the ‘ayn’ and ‘tha’ have a fatha, the ‘ra’ has a kasra below, and the ‘ya’ is mushaddad (doubled). It is that land which, by means of its roots, draws water, obtains nourishment, and grows. Because there is moisture in the earth and water is close to the surface, such land obtains water without irrigation, without the trouble of canals.
«اَلَعشْرُ» is a delayed subject. The ‘ayn’ has a damma and the ‘sheen’ is sakin. If a thing is divided into ten parts, one part is called a ‘ushr’ (tenth).
«وَفِيمَا سُقِيَ» is in the passive voice. It refers to that land which is irrigated.
«بِاانَّصَحِ» — the ‘nun’ of ‘nadh’ has a fatha and the ‘dad’ is sakin. Originally, it means: to sprinkle or pour water. Here, it refers to those camels by which water is brought and the land is irrigated. Similarly, oxen and donkeys are also meant, which are used for drawing water.
«بَعْلً» — that is, in place of «عَثَرِيًّا», the word «بَعْلًا» has been narrated. The ‘ba’ of «بَعْل» has a fatha and the ‘ayn’ is sakin. It refers to that land which is irrigated without effort, by the moisture and dampness of the earth or by heavenly rain. Its meaning is nearly the same as «عثري» (moist land), or both are synonymous.
«بِالسَّوَاني اَوِ النَّضْح سَوَانِي» is the plural of «سَانِيَةٌ». The conjunction requires that the meanings of «سَانِيَةَ» and «نَضْح» be distinct, but generally, the scholars have considered them synonymous, as we have just mentioned. However, the reliable view is that «سائيه» refers specifically to irrigating land by bringing water with animals, and ‘nadh’ is general. Along with animals, all means and implements of irrigation are included. Thus, the general is conjoined with the specific. And the summary is that the irrigation of land which is laborious and causes fatigue is meant.

Benefit:
From this hadith, it is understood that the type of zakat (‘ushr) also varies according to the means by which the land is irrigated. For example: if the land is irrigated by a laborious means, such as when camels, oxen, or people draw or bring water to irrigate, then the produce of such land is subject to half ‘ushr (one-twentieth). Similarly, if the land is irrigated by well water, tube-well water, or by purchasing water, then too, half ‘ushr (one-twentieth) is due. Nowadays, land is irrigated by paying an ‘abiyana’ (water tax). This ‘abiyana’ is equivalent to effort and labor; therefore, under the current system, the produce of land irrigated by canal water is also subject to one-twentieth.