Nasai

Hadith Commentary:
This hadith has already been mentioned above in the chapter "Whoever has paid its zakat, then it is not hoarded wealth," and the measures of wasq (وسق) and uqiyyah (اوقیہ) have also been mentioned there.

Five uqiyyah are equal to two hundred dirhams.
Each dirham is six daniq.
Each daniq is eight and two-fifths barley grains.
So, a dirham is fifty and two-fifths barley grains.
Some have said that a dirham is equal to four thousand and two hundred grains of rai (a type of seed).
And a dinar is equal to one dirham and three-sevenths of a dirham, or six thousand grains of rai.
One qirat is three-eighths of a daniq.

Mawlana Qadi Thanaullah Panipati rahimahullah states that the nisab (minimum threshold) for gold is twenty mithqal, which weighs seven and a half tolah, and the nisab for silver is two hundred dirhams, which, according to the current coinage in Delhi, amounts to fifty-six rupees.

And our Shaykh of shaykhs, the scholar Shaykh Abdullah al-Ghazipuri, said in his treatise, the meaning of which is: The nisab of silver is two hundred dirhams, that is, fifty-two and a half tolah, which equals sixty rupees of the English rupee (in circulation in India during the British era), which is equivalent to ten and a half mahja. Shaykh Bahr al-Ulum al-Laknawi al-Hanafi said in "Rasa'il al-Arkan al-Arba'ah" (p. 178): The weight of two hundred dirhams is equal to the weight of fifty-five rupees, and each rupee is eleven mashah (Mirqat, vol. 3, p. 41).

Our Shaykh of shaykhs, Allamah Hafiz Abdullah Ghazipuri, states that the nisab of silver is two hundred dirhams, i.e., fifty-two and a half tolah, and this is equal to sixty rupees of the silver rupee current in the English era.
And the rupee in circulation was approximately eleven and a half mashah.
Mawlana Bahr al-Ulum Lakhnawi states that two hundred dirhams in weight of silver is equal to fifty-five rupees, and each rupee is eleven mashah.
In our time, the nisab of silver, according to Indian weights, is fifty-two and a half tolah of silver.

In summary, for grain, there is no 'ushr (tithe) on less than five wasq, and five wasq is equal to twenty-one maund and thirty-seven and a half seer, based on the seer weighing eighty tolah.
Because one wasq is sixty sa', and a sa' is 234 tolah (i.e., six tolah less than three seer).
Thus, one wasq is four maund and fifteen and a half seer.

An uqiyyah is forty dirhams, so on seven and a half tolah of gold, one-fortieth is obligatory as zakat, and the nisab of silver is fifty-two and a half tolah.

And Allah knows best what is correct.

Hadith Commentary:
(1)
From this hadith, Imam Bukhari rahimahullah has stated the nisab (minimum threshold) of silver upon which zakat becomes obligatory. The nisab of silver is five awqiyah, which is equivalent to two hundred dirhams. Its weight is approximately fifty-two and a half tola. According to the decimal system, fifty-two and a half tola is equal to 612 grams. When a year passes over this amount, one-fortieth portion should be given as zakat. It is narrated from Ali radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said:
“When you possess two hundred dirhams and a full year passes over them, then five dirhams are due as zakat. And when you possess twenty dinars of gold and a year passes over them, then half a dinar is due as zakat. And whatever (gold or silver) exceeds this, zakat will be calculated accordingly.” (Sunan Abi Dawud, Zakat, Hadith: 1573)

(2)
Twenty dinars of gold is approximately equal to seven and a half tola. According to the current decimal system, this is about 87 grams. In the present era, since gold or silver is not used as currency or as a standard of value, if our current currency reaches the nisab of gold or silver, then one-fortieth portion should be taken out as zakat. It is preferable, considering the benefit of the poor and needy, to use the nisab of silver as the standard; that is, if someone possesses currency of such value that 87 grams of gold or 612 grams of silver can be purchased with it, and a year passes over it, then one-fortieth portion should be given as zakat from this currency. In other words, zakat should be paid at the rate of 2.5 percent. It is not correct to combine gold and silver to complete the nisab. And Allah knows best.

Hadith Footnote:
One uqiyyah is equivalent to forty dirhams.
Five uqiyyah, that is, two hundred dirhams, equals fifty-two and a half tolah (tola) of silver; this is the nisab (minimum threshold) for silver.
A wasq is sixty sa’ (plural: aswaq), and a sa’ is four mudd.
A mudd is one and one-third ratl.
According to the Indian system of weight (based on the eighty-tolah seer),
one wasq is approximately four and a half seer or close to five seer.
Five wasq is twenty-two and a half seer or twenty-five seer.
There is no zakat (ushr) on less than this amount.

Hadith Commentary:
(1)
One uqiyyah is equivalent to forty dirhams, and five uqiyyah make two hundred dirhams, which is equal to fifty-two and a half tola (traditional weight units). There is no zakat on an amount less than this. Similarly, one wasq is equal to sixty sa‘ (plural: sa‘a), and one sa‘ is equivalent to two kilograms and one hundred grams (100 grams). Five wasq is equal to six hundred and thirty (630) kilograms. There is no zakat on grain less than this amount.

(2)
From this hadith, it is understood that less than five uqiyyah of silver is not considered kanz (hoarded wealth); keeping it is permissible, because there is no zakat on it. And any wealth from which zakat has been paid is also not considered kanz, upon which the warning (wa‘id) has come, because there is no further zakat due on it. Therefore, the noble verse must be specified for that wealth upon which zakat has not been paid. Accordingly, Ibn ‘Abd al-Barr has stated the position of the majority that the blameworthy kanz is that upon which zakat is not paid. It is narrated from Abu Hurayrah radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: “When you have paid the zakat of your wealth, then you have fulfilled your responsibility regarding that wealth.” (Jami‘ al-Tirmidhi, al-Zakat, Hadith: 618)

(3)
Except for a few ascetics, no one has disagreed with this position. ‘Abdullah ibn ‘Umar radi Allahu anhu says that if I had gold equal to the mountain of Uhud, and I paid zakat on it and purified it, and used it in acts of obedience to Allah, I would not feel any harm in it. (Sunan Ibn Majah, al-Zakat, Hadith: 1787)

Hadith Commentary:
Under this hadith, Hafiz Ibn Hajar rahimahullah states:
From Abu Sa'id, there is a narration similar to this hadith, and in it, it is mentioned that a wasq is sixty sa' (measures). Abu Dawud has also narrated it, but he said "sixty sealed (makhtum)". Al-Daraqutni has also narrated from Aisha radi Allahu anha that a wasq is sixty sa'. The hadith does not specify the measure to be calculated by awsāq (pl. of wasq), but in the narration of Muslim: "There is no charity (zakat) on less than five awsāq of dates or grain." And in another narration of his: "There is no charity on grain or dates until it reaches five awsāq." The word "less than" (dūna) in all three places means "less than" (aqall), not that zakat is negated from anything other than five, as some whose opinion is not considered have claimed. This hadith has been used as evidence for the obligation of zakat in the three things (i.e., grain, dates, and silver). It is also used as evidence that there is no zakat on crops until they reach five awsāq. According to Abu Hanifah, zakat is obligatory on both small and large amounts, due to the saying of the Prophet sallallahu alayhi wa sallam: "On what is watered by the sky, a tenth is due." The discussion on this will come in a separate chapter, insha Allah ta'ala. The hadith does not address the amount exceeding the specified limit. There is consensus regarding awsāq that there is no "waqas" (i.e., no zakat on the excess between two thresholds) in them. As for silver, the majority say the same, but according to Abu Hanifah, nothing is due on what exceeds two hundred dirhams until it reaches the next nisab, which is forty (dirhams), so he made for it a "waqas" like livestock. Al-Tabarani argued against him by analogy with fruits and grains, the common factor being that gold and silver are both extracted from the earth with effort and cost. There is consensus on this regarding five awsāq and what exceeds it.
Benefit: The scholars are unanimously agreed on the condition of the passing of a year (hawl) for livestock and currency, but not for crops (mu'ashsharat). And Allah knows best.
(Fath al-Bari)

Summary of the passage: Zakat is due on five awqiyah (ounces) of silver.
This is the wording in accordance with the chapter, and by relying on another narration, the ambiguity in the wording of the hadith has been clarified through the translation.
The word "awāq" is the plural of "awqiyah," which by consensus is equivalent to forty dirhams.
By "dirham" is meant a coin of pure silver, whether minted or unminted.
The word "awsāq" is the plural of "wasq," and by consensus, it refers to sixty sa'.
There is consensus that for the obligation of the tenth (ushr), five wasq is necessary, and for livestock and currency, the passing of one year is also a condition; on this, the scholars are agreed.
For the types of produce from which ushr is taken, the passing of a year is not a condition.

Hazrat Mawlana Ubaidullah Sahib, Shaykh al-Hadith, may Allah preserve him, states:
I say: This hadith is explicit that the nisab (minimum threshold) is a condition for the obligation of the tenth (ushr) or half-tenth, so zakat is not obligatory on any crop or fruit until it reaches five wasq, and this is the view of the majority of scholars. A sa' is four mudd, and a mudd is a ratl and a third of a ratl, so a sa' is five and a third ratl. This calculation is according to the ratl whose weight is one hundred and twenty-eight dirhams, and by dirham is meant the one for which ten dirhams weigh seven mithqal.
(Mirqat)

That is, I say that this hadith clearly states that for the tenth or half-tenth, the nisab is a condition; thus, no zakat is obligatory on crops and fruits until they reach five wasq, and this is the view of most scholars. One wasq is sixty sa', and a sa' is four mudd, and a mudd is one and a third ratl, so a sa' is five and a third ratl, and this calculation is according to the ratl whose weight is one hundred and twenty-eight dirhams, and by dirham is meant the one for which ten dirhams weigh seven mithqal.

Some Hanafi scholars of India have tried to declare the ushr (tithe) as not obligatory on the lands here, considering these lands as kharaji (taxed) lands.
Regarding this, Hazrat Mawlana Shaykh al-Hadith Ubaidullah Sahib Mubarakpuri, may Allah preserve him, states:
The Hanafi jurists differed regarding the lands of Muslims in India during the British era and were confused in this matter. Some said:
There is no ushr on them because these are lands of dar al-harb (abode of war). Some said: The lands of India are neither ushr lands nor kharaj lands, but rather lands of the treasury (bayt al-mal) and lands of the kingdom. (Refer to its definition in Radd al-Muhtar, vol. 3, pp. 353-354.)
Some said:
If a person does not know whether his land came to him from the hands of disbelievers and the land is now in his ownership, then ushr is obligatory on it. Some classified the lands into several types and said that the more cautious approach is to pay ushr from all these types. The correct view according to us is that ushr is obligatory on the lands of India in all cases, i.e., in whatever condition they may be. Ushr or half of it is obligatory on a Muslim for what he obtains from the land if it reaches the nisab, whether the land is his property or someone else's, whether he cultivates it as a tenant, borrower, or sharecropper. Because ushr on grain and crops is due on whoever owns it, so zakat is obligatory on its Muslim owner, and it is not from the expenses of the land, so its nature is not investigated, and the tax taken by the government from the owners of farms in India is not its shari' kharaj, nor does it remove the obligation of ushr, as is clear. Refer to al-Mughni (vol. 2, p. 768) and Mirqat, vol. 3, p. 38.

That is, during the British era, regarding the lands of Indian Muslims, some Hanafi scholars who were jurists adopted the mistaken view that there is no ushr on the produce of these lands because these are lands of dar al-harb.
Some said that these lands are neither ushr lands nor kharaj lands, but rather government lands.
According to us, the correct view is that in the lands of India, ushr is obligatory on the produce for Muslims in all cases, whether the land is their property or someone else's, whether they are cultivators or tenants. In any case, if the produce reaches the nisab, ushr is obligatory, and in this matter, expenses on the land and government taxes, etc., are not considered, because the tax taken by the government in India is not shari' kharaj, nor can it remove the obligation of ushr.

Hadith Commentary:
This chapter heading pertains to the zakat of camels. Previously, the obligation of zakat was discussed; now, the negation of zakat from a specific quantity is being mentioned. However, Hafiz Ibn Hajar rahimahullah says that there is some contrivance in this explanation; rather, this heading relates to both camels and goats.

Since the issue of zakat on goats was being discussed, and for five camels, one goat is taken as zakat, it has been mentioned here due to this relevance.
(Fath al-Bari: 3/407)
And Allah knows best.

Other related benefits of this hadith have already been mentioned under hadith: 1447.

Hadith Commentary:
The position of the Ahl al-Hadith is that zakat becomes obligatory on wheat, barley, millet, dates, and grapes when their quantity reaches five wasq or more.
And apart from these, in other items such as vegetables and fruits, there is absolutely no zakat, no matter how much they may be.
Qastallani has said that among fruits, zakat is only on dates and grapes, and among grains, zakat is on every type of grain that is stored, such as wheat, barley, millet, lentils, bajra, chickpeas, beans, etc.—zakat is due on all of these.
According to the Hanafis, the condition of five wasq does not apply; whether the amount is little or much, zakat is obligatory on all.
And Imam Bukhari rahimahullah has brought this hadith to refute their view.
(Wahidi)

Hadith Commentary:
(1)
This hadith mentions the quantity of produce upon which ‘ushr (one-tenth) becomes obligatory, and that is five wasq. It is not obligatory on less than this amount. One wasq is equal to sixty sa‘. Thus, the nisab (minimum threshold) of the crop is 5×60=300 sa‘. According to the modern metric system, one sa‘ is equivalent to two kilograms and one hundred grams. Based on this calculation, five wasq of produce amounts to 630 kilograms, meaning that if this quantity of produce is present, then one-twentieth (i.e., five percent) must be given. According to some scholars, one sa‘ is equivalent to two and a half kilograms, so according to them, the nisab for produce is 750 kilograms. Considering the needs of the poor and destitute, it seems more appropriate to set the weight of the produce’s nisab at 630 kilograms.

(2)
If someone has acquired land on lease, then since the landowner is the actual owner, he should include the lease amount in his total income, and if it reaches the nisab, he should pay zakat on it. As for the one who takes the land on lease, he is the one in control of cultivation and is also the owner of the produce, so in his capacity as the one in control, he will pay the ‘ushr (one-tenth) on the produce, and the lease amount will not be deducted from it. Similarly, any amount he spends for his own convenience or to increase his produce will also not be deducted from the produce. However, in view of the labor, effort, or financial expenses incurred for irrigating the land, the Shari‘ah has granted him this concession that instead of giving one-tenth, he should pay one-twentieth (i.e., half of one-tenth) from his produce. If, despite this concession, the lease amount, expenses for fertilizer and spraying, wages for harvesting, and expenses for threshers, etc., are also deducted, then what would remain to be given as ‘ushr? Therefore, our inclination in this matter is that the lease amount for leased land will not be deducted from the produce; rather, he should pay one-twentieth from his total produce as ‘ushr, provided that his produce reaches five wasq (630 kilograms). If it is less than this, then ‘ushr will not be obligatory. However, if the owner wishes to give, there is no restriction; may Allah Ta‘ala, by virtue of this, grant him further increase and blessing in his sustenance.

Hadith Commentary: Benefits and Issues: ➊
In the narration of Abu Sa'id al-Khudri radi Allahu anhu and Jabir radi Allahu anhuma, the threshold (nisab) for grain and fruits is stated as five wasq; that is, if the grain or fruit is less than five wasq, then charity (zakat) is not obligatory upon it.
If someone wishes to give charity voluntarily (nafl), there is no restriction on this.
However, in the narrations of these two noble Companions radi Allahu anhum ajma'in, it is not mentioned how much charity (zakat) should be given, i.e., the amount to be taken out.
In the following chapter, the narration of Jabir radi Allahu anhu that is coming does mention the amount to be taken out.
And in that narration, the threshold (nisab) is not mentioned.

➋
The majority of the Ummah, among whom are Imam Malik rahimahullah, Imam Shafi'i rahimahullah, Imam Ahmad rahimahullah, Imam Abu Yusuf rahimahullah, and Imam Muhammad rahimahullah, are agreed that zakat is not obligatory on grain and fruits less than five wasq.
But according to Imam Abu Hanifah rahimahullah, there is no threshold (nisab) set for this.
Whatever amount of grain, fruit, or vegetables is produced from the land, whether little or much, in every case one-tenth or one-twentieth must be taken out.
Whether the produce is ten seer, ten man, or less or more than this, but this opinion is contrary to the explicit hadith.

➌
Awsuq is the plural of wasq, and by consensus, one wasq is sixty sa'.
Thus, five wasq is three hundred sa', and in one sa' there are four mudd.
That is, if a person joins and spreads both his hands, the amount of grain or fruit that comes in them is equal to one mudd, but there is a difference of opinion as to how many ratl of grain or fruit are in one mudd.
It is clear that sa', ratl, and mudd are measures (of volume), not of weight, and whatever is put into these measuring vessels or instruments, due to being heavier or lighter, there will certainly be a difference in their weight.
According to the Hanafis, since there are two ratl in one mudd, there will be eight ratl in one sa'.
According to the rest of the Imams and the Ummah, one mudd is 1 1/3 ratl, and in four mudd there are 5 1/3 ratl.
Therefore, there will be a difference in the amount of five wasq, and this difference will affect the sadaqat al-fitr and the nisab of zakat as well.
But according to Imam Abu Hanifah rahimahullah, there is no threshold (nisab) for zakat at all.
In any case, there is a difference regarding the weight of the sa'.
According to the research of Allamah Yusuf al-Qaradawi, its weight is 2176 grams.
Whereas generally, the Ahl al-Hadith have considered its weight to be 2 seer, 10 chhatank, 3 tola, and 4 masha.
Because the weight of one ratl is approximately eight chhatank.
But nowadays, some Ahl al-Hadith scholars have made the weight two and a quarter seer.
Accordingly, the weight of five wasq will be 16 man and 35 kilo, because the weight of one wasq will be 135 seer.
Whereas according to most scholars, the weight of five wasq is twenty man of grain.
And according to the research of Allamah Qaradawi, it will be 653 kilograms, i.e., sixteen man and thirteen kilograms.
And this weight is with respect to wheat.
And according to the Hanafis, it will be thirty or thirty-two man.

➍
Zakat is obligatory by consensus on five uqiyyah of silver.
And in one uqiyyah there are forty dirhams, thus in five uqiyyah there are two hundred dirhams.
Zakat is obligatory on these by consensus.
And it is also agreed that the weight of ten dirhams is equal to seven mithqal.
And one mithqal is equal to 4 1/2 masha.
Thus, the weight of silver by consensus is 52 1/2 tola.
According to the latest research of Allamah Qaradawi, the weight of a mithqal is 4.25 grams.
Thus, in two hundred dirhams there will be one hundred and forty mithqal, and their weight will be 595 grams.
(Note: 35 grams is equal to three tola in weight.)
The weight of gold has until now been considered as 7 1/2 tola, which is 87 1/2 grams.
Because the weight of gold is twenty mithqal, and according to the research of Allamah Yusuf al-Qaradawi, its weight will be 85 grams, because according to him, the weight of a mithqal is 4.25 grams.
Whereas previously, its weight was stated as 4 1/2 masha.

English Commentary:
1:
This is the nisab (minimum threshold) for camels; there is no zakat on less than this.

2:
An uqiyyah is forty dirhams. According to this calculation, five uqiyyah amount to two hundred dirhams. By current weight standards, two hundred dirhams are equivalent to 595 grams.

3:
A wasq consists of sixty sa‘. Five wasq therefore make three hundred sa‘. According to current weight standards, the weight of three hundred sa‘ is approximately 750 kilograms, that is, seven and a half quintals.

1558. English Commentary:
➊ Zakat is not obligatory on gold, silver, livestock, and other commodities unless the prescribed nisab (minimum threshold) is reached. However, if someone wishes to give less than the nisab, it is considered charity (sadaqah) and is a beloved act.
➋ One uqiyyah (ounce) equals forty dirhams, and one dirham is approximately 2.975 grams of silver. Similarly, the weight of one uqiyyah is 119 grams, and the weight of five uqiyyah of silver is 595 grams. In terms of tola (traditional South Asian unit), this amounts to 51 tola (and according to earlier scholars, 52 ½ tola).
➌ One wasq contains sixty sa‘, as will be mentioned in the following narrations, and one sa‘ contains four mudd. The weight of one sa‘ is approximately two and a half kilograms. According to this calculation, five wasq equals a total of 750 kilograms, which is approximately 19 mann (a traditional weight measure). The fundamental question in the payment of zakat is: On which types of wealth is zakat obligatory? Among the hadiths mentioned in Sunan Abu Dawud, there is a detailed mention of gold, silver, grazing camels, cows, sheep, and goats. The zakat paid on agricultural produce is called ‘ushr (tithe). In this regard, those hadiths are mentioned in which there is no detailed enumeration of zakatable (‘ushr-liable) crops. However, it is clarified that crops irrigated by rain, rivers, springs, or the moisture of the earth are subject to ‘ushr, i.e., one-tenth, and those irrigated by camels (by operating waterwheels or carrying water on camels) are subject to half ‘ushr, i.e., one-twentieth. There is consensus among all scholars that zakat on agricultural produce is either ‘ushr or half ‘ushr. Regarding the types of produce, Imam Abu Hanifah, excluding grass, fuel, and fruitless trees, holds that ‘ushr is due on everything grown from the earth. He deduced this from the general wording of the narration of Jabir radi Allahu anhu: “On crops irrigated by rain, rivers, and springs, there is ‘ushr, and on those irrigated by camels, there is half ‘ushr.” In addition, he also deduced from the generality of the Qur’anic verse: ﴿وَمِمّا أَخرَ‌جنا لَكُم مِنَ الأَر‌ضِ﴾ [البقرة:267 ] (“And from what We have brought forth for you from the earth”) that whether the produce of the earth is little or much, ‘ushr or half ‘ushr is obligatory on it. However, this generality is specified by the hadith of the Messenger of Allah sallallahu alayhi wa sallam, which exempts produce less than 19 mann from ‘ushr. His students, Imam Abu Yusuf and Imam Muhammad, consider zakat obligatory only on those commodities that can last for a lunar year and are traded by measure or weight; according to them, ‘ushr must be given on all types of grains, sugar, cotton, etc. Imam Malik considered ‘ushr obligatory on all agricultural produce cultivated by humans that can be dried and preserved. Imam Ahmad held zakat obligatory on dried fruits and all types of seeds. The eminent jurists among the Tabi‘in, Imam Hasan al-Basri, Imam Sha‘bi, Musa ibn Talhah, and Mujahid, held that ‘ushr is only due on wheat, barley, dates, and raisins, which are specifically named by the Messenger of Allah sallallahu alayhi wa sallam. Imam Bayhaqi has mentioned all those narrations from these Tabi‘in in which the Messenger of Allah sallallahu alayhi wa sallam ordered ‘ushr to be taken only from these items. These narrations are mursal (with a missing link in the chain). However, Musa ibn Talhah clarified that they possessed a written document from the Messenger of Allah sallallahu alayhi wa sallam, which he dictated and gave to Mu‘adh ibn Jabal radi Allahu anhu, stating that ‘ushr is due on these four items. After mentioning all these narrations, Imam Bayhaqi says: “All these narrations are mursal, but they support each other through multiple chains. Along with them, there is the narration of Musa al-Ash‘ari from the way of Abu Burdah radi Allahu anhu, which is also about ‘ushr on these four items.” [السنن الکبری للبیھقي‘ باب الصدقة فیما یزرعه الآدمیون ....]
Regarding the authenticity of the narration of Abu Burdah radi Allahu anhu, Imam Bayhaqi’s verdict is: «رواته ثقات وهو متصل» “That is, its narrators are trustworthy and its chain is connected.” [نيل الأوطار:الزکوة‘ باب زکوة الزرع والثمار ) امام شافعی نے انہی چار چیزوں پر قیاس کر کے یہ کہا ہے: «عشر ما یقات و یدخر» ’’عشر ان بنیادی غذائی اجناس پر ہے جو بطور خوراک استعمال ہوتی ہوں اور جن کا ذخیرہ کیا جاسکتا ہے۔‘‘ گندم، جو، کھجور، کشمش کی طرح جن علاقوں میں چاول وغیرہ بنیادی غذائی جنس ہیں وہاں ان پر عشر ہو گا۔ کپاس اور دیگر بہت سی قیمتی اشیاء(cash crops) اور تازه سبزياں پر اگرچہ براہ راست عشر نہیں لیکن ان کی آمدنی کے حوالے سے اگر نصاب اور مدت نصاب مکمل ہو جائے تو زکوۃ کی ادائیگی ضرور ہو گی۔ اسی طرح چرنے والے (سائمہ) جانوروں میں شمار نہیں کیا جا سکتا، بنا بریں ان کی زکوۃ آمدنی پر ہوگی۔ پہلے سونا اور چاندی نقدی کے طور پر استعمال ہوتے تھے۔ آج کل کرنسی نوٹ استعمال ہوتے ہیں۔ علمائے امت کا اجماع ہے کہ کرنسی کو انہی پر قیاس کیا جائے گا۔ سعودی علماء اور پاک و ہند کےعلماء نے کرنسی توٹوں کے لیے چاندی کو نصاب بنایا ہے۔ ان کی دلیل یہ ہے کہ اس طرح زکوۃ دینے والوں کی تعداد زیادہ ہو گی جس میں غرباء ومساکین کا فائدہ زیادہ ہے۔ اگر سونے کو نصاب بنایا جائے گا تو بہت سے اصحاب حیثیت بھی زکوۃ دینے والوں میں سے نکل جائیں گے۔ مثال کے طور پر جس کے پاس 75ہزار سے کم فاضل بچت کے طور پر ایک سال پڑے رہے ہوں گے، وہ بھی صاحب نصاب متصور نہیں ہو گا، کیونکہ ساڑھے سات تولہ سونے کی قیمت (10ہزار روپے فی تولہ کے حساب سے) 75ہزار ہو گی۔ یوں لاکھوں افراد اصحاب حیثیت کے دائرے سے نکل جائیں گے جس کا سارانقصان غرباء مساکین اور مدارس دینیہ کو ہو گا۔ اس پہلو سے دیکھا جائے تو یہ مؤقف راجح لگتا ہے۔ بہر حال یہ اجتہادی مسئلہ ہے، اور دونوں میں سے کسی کو بھی اپنایا جا سکتا ہے۔ چاندی کا نصاب بنیاد ماننے کی صورت میں ساڑھے باون تولہ چاندی کی قیمت جتنی فاضل رقم رکھنے والا صاحب نصاب ہوگا اور سونے کو کرنسی کی بنیاد ماننے کی صورت میں 75 ہزار روپے فاضل رقم رکھنے والا صاحب نصاب متصور ہو گا اور اس سے کم رقم رکھنے والا شخص زکوۃ سےمستثنی ہوگا۔ رسول اللہﷺ کے دور میں اور صدیوں بعد تک قیمتی پتھروں، جواہرات اور موتیوں کا استعمال دنیا کے بہت سے حصوں میں زینت اور تفاخر کے لیے تو تھا، قدر یا مالیت کو محفوظ کرنے کا ذریعہ سونا چاندی ہی تھے۔ جواہرات کے کھرے کھوٹے ہونے کی پہچان چونکہ عام تاجر کے بس میں نہ تھی اور ان کی قیمتی کے تعین کا کوئی ایک باقاعدہ معیار بھی موجود نہ تھا۔ مختلف ماہرین کی رائے قیمتوں کےبارے میں ایک دوسرے سے بہت زیادہ مختلف ہوتی تھی۔ سونے چاندی کی طرح معیاری ٹیکسالوں میں ڈھال کر ان کو درہم و دینار کی شکل بھی نہ دی جا سکتی تھی اس لیے یہ کرنسی یا مالیت کے تحفظ کے لیے مناسب نہ تھے۔ مال تجارت کے طور پر ان کی زکوۃ تھی البتہ براہ راست ان پر زکوۃ کی وصولی ممکن نہ تھی۔ لیکن آج کل سائنسی بنیادوں پر ان کی پہچان، قیمت کا تعین اور اس کے لیے قابل قبول معیار سب کچھ آسان ہو گیا ہے۔ ان کی باقاعدہ منڈیاں قائم ہو گئی ہیں اور ان خوبیوں کی وجہ سے یہ زیب و زینت کے علاوہ بڑے پیمانے پر مالیت قدر کے تحفظ، ذخائر اور بنکوں میں نوٹ جاری کرنے کی غرض سے محفوظ ضمانتوں کے طور پر استعمال ہوتے ہیں۔ اس بات کا امکان موجود ہے کہ وقت کے ساتھ زیادہ سے زیادہ لوگ زکوۃ سے بچنے کے لیے اپنے مالیاتی اثاثے جواہرات کی صورت میں محفوظ کرنے شروع کر دیں۔ امیر خواتین تو اب سونے چاندی کے بجائے ان سے کئی گنا زیادہ قیمتی جواہر کو زیب وزینت اور اثاثوں سے تحفظ کے لیے استعمال کرنے لگی ہیں ان پر زکوۃ بھی نہیں دینی پڑتی۔ یہ صورت حال فقراء اور مستحقین زکوۃ کے مفاد کے خلاف ہے۔ جس طرح حضرت عمر ؓ نے عنبر کے بارے میں، اس بنیاد پر کہ رسول اللہ ﷺ سے اس بارے میں کوئی ہدایت موجود نہ تھی، صحابہ ؓ سے مشورہ کیا تھا اور اس کی روشنی میں خمس کی وصولی کا فیصلہ فرمایا تھا۔ [الموسوعة الفقهية، كويت، زكوة باب زكوة المستخرج من البحار) مزید یہ کہ حضرت عمر ؓ کے پاس شام سے کچھ لوگ آئے کہ ہمیں گھوڑوں اور غلاموں کی صورت میں کچھ مال ملا ہے، ہم ان کی زکوۃ ادا کر کے اسے پاک کرنا چاہتے ہیں تو حضرت عمر ؓ نے صحابہ کرام سے مشورہ کرکے جن میں حضرت علی بھی شامل تھے، زکوۃ لینے کا فیصلہ کیا۔ [مستدرك حاکم ، الزکوة‘ حدیث:1456) اسی طرح اب علماء اگر قیمتی پتھروں کے حوالے سے غور کریں اور متفقہ طور پر ان کی زکوۃ کے بارے میں فیصلہ کریں تو یہ عین مصلحت اسلامی کا تقاضا ہو گا۔ یاد رہے کہ پتھروں پر زکوۃ نہ ہونے کی جو مرفوع روایت عمرو بن شعیب عن أبیه عن جدہ کے حوالے سے منقول ہے وہ ضعیف ہے، اس لیے قابل اعتبار نہیں۔ [السنن الکبری للبیھقي، الزکوة‘ ما لا زکوة فیه من الجوهر غير الذهب والفضة]

Benefits and Issues:
The camel is a valuable animal, and five camels constitute such an amount of wealth that it is wise for zakat to become obligatory on it. However, taking one camel out of five as zakat would be undue hardship on the owner; therefore, in the Shariah, considering both aspects, the law is that for a small number of camels, goats are taken as zakat. Furthermore, for every type of wealth, zakat is taken from the same kind of wealth on which zakat is due.

(2)
The value of a camel varies greatly depending on its age, so in the zakat of camels, the age of the animal to be taken has also been specified. This too is a manifestation of justice and moderation in Islamic Shariah.

(3)
To indicate the age of camels to be taken as zakat, the following terms are used in the hadith:

(a)
Mikhaad:
This refers to a one-year-old she-camel. When a she-camel’s calf becomes one year old, it usually becomes pregnant again; therefore, a one-year-old she-camel is called “bint mikhaad,” meaning “the daughter of a pregnant one.”

(b)
“Laboon” refers to a female animal that gives milk. When a camel’s calf becomes two years old, its mother has usually given birth again, and the new calf is suckling; therefore, a two-year-old she-camel is called “bint laboon,” meaning “the daughter of a milk-giving she-camel.” A male of this age is called “ibn laboon,” meaning “the son of a milk-giving she-camel.” This is considered equal in value to a bint mikhaad (one-year-old female).

(c)
Haqqah means that this she-camel has reached the stage where it can bear loads and can be mounted by a male camel; therefore, it is called “haqqah,” meaning “one entitled to bear loads.”

(d)
Jadha’ah refers to a four-year-old she-camel. At this age, its teeth begin to fall out, which makes it difficult for it to graze; therefore, it is called “jadha’ah,” meaning “one who is troubled.”

(4)
In the zakat of camels, only female animals are taken. Only ibn laboon is considered a substitute for bint mikhaad. Even in this, the original obligation is bint mikhaad. If there is no bint mikhaad in the herd, then ibn laboon is taken.

(5)
If there are more than one hundred and twenty camels, they will be divided into groups of forty or fifty. Accordingly, two-year-old or three-year-old she-camels will be taken, for example: out of one hundred and thirty, for eighty, two bint mikhaad, and for the remaining fifty, one haqqah (130 = 40 + 40 + 50). Similarly, for one hundred and forty, one bint mikhaad and two haqqah (140 = 40 + 50 + 50); for one hundred and fifty, three haqqah (50 + 50 + 50); for one hundred and sixty, four bint laboon (40 + 40 + 40 + 40). In the same way, for every additional ten, a haqqah will replace a bint laboon, until at two hundred, four haqqah or five bint laboon will be obligatory to pay (200 = 50 × 4 = 40 × 5).

Benefits and Issues:
➊ When dates are dried and become suitable for storage, if their weight reaches five wasq, then zakat becomes obligatory on them. One wasq is equivalent to seven sa‘, and a sa‘ is a measure whose weight is approximately two and a half kilograms. According to this calculation, the weight of five wasq is approximately twenty (20) man, from which one man will be given as zakat.

➋ Five uqiyyah is equivalent to two hundred dirhams, that is, the nisab (minimum threshold) for silver is two hundred dirhams, which is approximately fifty-two and a half tola.

➌ If someone possesses fewer than five camels, zakat is not obligatory on them. If there are five camels, then one goat will be given as zakat. Further details regarding the zakat of camels will be discussed in Chapter 9.

(1) "Five wasq": A wasq consists of sixty sa‘. Sa‘ is a measure, not a weight. The weight of each type of grain in it will differ, but the average weight is 2 seer 4 chhatank, and according to the current measurement, it is 2.099 kilograms. Thus, a wasq is 3 maund 15 seer, and according to the current measurement, it is 125.971 kilograms, and five wasq are 629.855 kilograms (approximately 16 maund). If the yield of grain from the land is less than this, then there is no zakat (such as ‘ushr, etc.) on it.

(2) "Five uqiyyah": One uqiyyah is forty dirhams. Five uqiyyah are 200 dirhams. Dirham was both a coin and a weight. Nowadays, according to most scholars, the value of silver of this weight is the nisab. There is no zakat on less than this. The weight of 200 dirhams is approximately fifty-two and a half tola, and according to the current measurement, it is 612.360 grams. The zakat of the current currency will be calculated accordingly.

For benefits, see Hadith number 2474.

Here too, Imam Abu Hanifah rahimahullah did not accept the last portion of the hadith. According to his opinion, whether the produce is little or abundant (even if it is only one sa‘, then too ‘ushr will be obligatory), but it is clearly evident that this is contrary to the explicit wording of the hadith. For this reason, even his distinguished students did not support this opinion of his. And all praise is due to Allah for that.

For benefits, see Hadith: 2478 and 2480.

That is, zakat will be obligatory on the mentioned amounts or more, and not on less than these. What could be a clearer narration than this? Yet, the Hanafis still hold the view that zakat is obligatory on both small and large amounts of grain and dates. They interpret this hadith to mean that the government will not collect (zakat on small amounts), but the owner himself should give it to the poor. However, regarding the other two—namely, camels and silver—they do not accept this interpretation. Therefore, this position is not correct. And thus, to invent two forms of zakat payment is not from the Shariah, but rather an innovation of man.

For details regarding the aforementioned quantities, see Hadith: 2447.

Hadith Authentication (Takhrij al-Hadith):
[وأخرجه البخاري 1459، من حديث مالك به]

Jurisprudential Explanation (Tafaqquh)
➊ The Messenger of Allah (sallallahu alayhi wa sallam) said: «لَا صَدَقَةَ فِيْ شَيْءٍ مِنَ الزَّرْعِ أَوِ الْكَرْمِ حَتَّى يَكُوْنَ خَمْسَةُ أَوْسُقٍ وَلَا فِي الرَّقَّةِ حَتَّى تَبْلُغَ مِئَتَيْ دِرْهَمٍ» There is no ‘ushr (tithe) in any crop (grain) or dates except when it reaches five wasq, and there is no zakat on silver except when it reaches two hundred dirhams. (3078: Sharh Ma‘ani al-Athar by al-Tahawi 2/35, and its chain is hasan)
Hafiz Ibn ‘Abd al-Barr said that this is a great Sunnah which has been universally accepted by all. [التمهيد 20/136]
➋ One wasq is sixty sa‘, and one Hijazi sa‘ is 5 ratl and one third = two seer and four chhatank, that is, 2 kilograms 99 grams 520 milligrams. See Mawlana Farooq Asghar Sarim rahimahullah’s book “Islami Awzan” [ص59] There is a difference of opinion among the scholars of truth regarding the exact weight of the sa‘, therefore it is better to consider it as two and a half kilograms (2 kilograms 500 grams) when giving charity, so that a person remains free from doubt and suspicion. And Allah knows best.
➌ There are forty dirhams in one uqiyyah, which is two chhatank, six masha, and 1220.472 grams. See: [اسلامي اوزان ص21]
➍ Zakat becomes obligatory only after a full year has passed.
➎ It is established from Jurisprudential Explanation No. 2 that if a person’s grain, crop, etc. is less than 750 kilograms, or according to another opinion, less than 630 kilograms, then ‘ushr is not obligatory on it. ‘Ushr becomes obligatory only after reaching the mentioned threshold. Also see: [ح 402]

Hadith Authentication (Takhrij al-Hadith):
[وأخرجه البخاري 1447، من حديث مالك به، ورواه مسلم 979، من حديث عمرو بن يحييٰ بن عمارة به]

Jurisprudential Explanation (Tafaqquh):
➊ It is narrated from Sayyiduna Jabir ibn Abdullah al-Ansari radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said: «لا صدقة فى شئي من الزرع او الكرم حتيٰ يكون خمسة أوسق ولا فى الرقة حتيٰ تبلغ مئتي درهم۔» There is no obligatory charity (zakat) on crops or grapes less than five wasq, and there is no obligatory charity on silver less than two hundred dirhams. [شرح معاني الآثار للطحاوي 2/35 وسنده حسن، وأصله عند ابن ماجه : 1794]
➋ For further jurisprudential discussion of the hadith, see al-Muwatta, Hadith: 92

Lexical Explanation:
«اَوَاقٍ» has tanween on it. After the letter qaf, both the form with a shadda on ya and the lighter form are permissible; it is the plural of "uqiyah." On the hamzah of "uqiyah" there is a dammah, and the ya has a shadda. One uqiyah contains forty dirhams, and thus five uqiyahs are two hundred dirhams. According to modern weight measurements, two hundred dirhams weigh 615 grams.

«اَلْوَرِقِ» has a fathah on the waw and a kasrah under the ra, and the ra is also read as sakin. Its meaning is "silver."

«ذَوْدِ» has a fathah on the dhal and a sukun on the waw; it means "camel." This is a collective noun, and it includes both masculine and feminine, as well as few and many. For this reason, attributing the khums (one-fifth) to it is permissible.

«اَوْسُقِ» has a fathah on the hamzah, a sukun on the waw, and a dammah on the sin. It is the plural of «وسق». For «وسق», both fathah and kasrah on the waw are permissible. One wasq (wasq) is sixty sa’ (sa’), and five wasq are three hundred sa’. And you know that one sa’ contains four mudd, and one mudd is equal to one and one-third ratl. Also, according to modern measurements, one sa’ is approximately two and a half kilograms.

« اَوْسَاقٍ» is the plural of «وسق», like «اوسق».

«حَبَّ» has a fathah on the ha and a shadda on the ba. It means seed, kernel, wheat seed, barley, lentils, etc.

The word «دُونَ» in all four places is in the meaning of «اَقَلُّ», i.e., zakat is not obligatory on less than the mentioned amounts of these items.

Benefit:
In this hadith, the nisab (minimum threshold) for silver is stated as five uqiyah, while in the previous hadith it is two hundred dirhams. There is no contradiction or difference between these two hadiths, because one uqiyah contains forty dirhams, and five uqiyahs make two hundred dirhams, so there is no contradiction.

Three hundred sa’ of Hijazi measure, according to the English weights prevalent in our country, is approximately twenty man (a local weight unit). One wasq contains sixty sa’, which is equal to four man. Thus, according to our local calculation, there is no zakat on less than twenty man of grain. However, the Hanafis, considering the generality of the Book of Allah and the hadith, have given the fatwa that zakat is obligatory on grain and dates, even if it is one man or less. But the first opinion is more correct, because when the Prophet sallallahu alayhi wa sallam himself specified the weight, then we should act upon that. There is no permission to add or subtract from it on our own. Zakat is obligatory on every type of produce that can be stored for a year, such as: wheat, rice, barley, millet, corn, mash beans, mung beans, and chickpeas, etc.