Muwatta Imam Malik (Riwayat Yahya)

It is narrated from Sulayman bin Yasar and Hazrat Basr bin Sa'id that the Messenger of Allah, peace and blessings be upon him, said: "On land irrigated by rain, springs, or ponds, and on those date palms which do not require watering, one-tenth is due as zakat; and on land that is irrigated by manual watering, one-twentieth is due as zakat."

Ibn Shihab Zuhri said that in the zakat of dates, Ja’rur (a type of inferior date that becomes waste when dried), Misran al-Farah, and ‘Idhq bin Habeeq should not be taken, and their example is like that of goats: all types are counted in the owner’s wealth, but they should not be taken.

Imam Malik, may Allah have mercy on him, said: The example is like that of goats, that in counting the goats, the kids will also be counted, but the kids will not be taken in zakat. And sometimes there are fruits that are not suitable to be taken in zakat due to their excellence, such as among dates, the Barui and those similar to it. Likewise, fruits that are spoiled will also not be taken; rather, zakat will be taken from the average quality produce.

Imam Malik, may Allah have mercy on him, said: In our view, it is agreed upon that the estimation of any fruit will not be done except for dates and grapes; their estimation will be done when they appear, and when their growth is known to be in good condition, and their sale becomes valid. The reason for this is that dates and grapes are eaten after they ripen, so their estimation will be made so that people do not face difficulty, and they will be handed over to their owner so that he may eat them or sell them. Then zakat will be paid accordingly.

Imam Malik, may Allah have mercy on him, said: As for those fruits which are not eaten raw, it is not correct to estimate them. Rather, when the owner cuts them, cleans them, and extracts the grains, then the due zakat should be taken from them accordingly. Imam Malik, may Allah have mercy on him, said: In our view, there is no difference of opinion in this matter.

He said: According to us, the agreed-upon issue is that the estimation of dates should be done while they are still on the tree, but it is necessary that their condition of growth and improvement is well known and their sale becomes valid. Then, zakat should be taken from them when the time of harvesting arrives. If, after the estimation, any calamity befalls those fruits and all of them are destroyed, then zakat will not be obligatory. However, if an amount equal to five wasq remains, according to the sa’ of the Prophet (peace be upon him), then zakat will be obligatory on that amount. For whatever amount is destroyed, zakat will not be due on it.
Imam Malik (may Allah have mercy on him) said: The same ruling applies to grapes.

Imam Malik, may Allah have mercy on him, said: If a person has separate plots or there are several partners in different properties, and the wealth of each partner or each plot does not reach the amount upon which zakat becomes obligatory, then if the combined shares of all partners or all plots together reach the nisab, zakat will be obligatory; otherwise, it will not be obligatory.