Tirmidhi

1:
This address is directed towards the workers who collect zakat and those who strive to collect zakat. The command to leave a third or a quarter portion is so that, at the time of harvesting the fruit, the owner may spend on his relatives, neighbors, travelers, etc., and thus he does not fall into any hardship or difficulty because of it.

Note:
(In the chain of narration, Abdur Rahman bin Mas'ud is weak in hadith.)

(1) The method employed by the government for collecting the ‘ushr (tithe) from certain crops or fruits was that, before the crop or fruit ripened, intelligent and expert individuals were sent to estimate how much yield was expected from a particular person’s crop or fruit. This estimation was called “khars” (خرص).

(2) The benefit of khars was that, after the crop or fruit ripened, the owner was free to eat or feed others as he wished. The government would collect the ‘ushr at the time of harvest according to the estimation (khars). In this way, neither was the owner put to hardship, nor did the government have any grounds for objection.

(3) The Hanafis do not accept khars, arguing that it is uncertain whether the estimation will be accurate or not. In this way, oppression could also occur, and therefore, it is prohibited on the grounds of the same cause as usury. However, they overlooked the fact that there is benefit for both parties in this. As for the possibility of oppression, the solution for this was proposed by the Messenger of Allah (sallallahu alayhi wa sallam) himself in the following words: after estimation, a concession of a third or a fourth should be given. Furthermore, the Messenger of Allah (sallallahu alayhi wa sallam) himself practiced this during his blessed life, and the Rightly Guided Caliphs (khulafa’ rashidun) during their blessed eras, and the general Companions (sahabah) (radi Allahu anhum) continued to act upon it. If this had resembled usury or gambling, the Messenger of Allah (sallallahu alayhi wa sallam) would not have taken such a step, nor would he have permitted it. Are those who prohibit it more well-wishing for the religion or more knowledgeable than the Messenger of Allah (sallallahu alayhi wa sallam) and the Companions (radi Allahu anhum)? In reality, the Shari‘ah also takes people’s hardship into consideration, just as the fact that the leftover food of a cat is not impure is clear evidence of this.

(4) “Leave a third.” Because it is not necessary that the yield will be exactly as estimated. Animals may eat it, unexpected calamities may cause loss to the crop or fruit, and people and those who ask (for charity) may also cause a decrease. Therefore, the owner should be given a concession. Since circumstances vary, the option was given to reduce by a third, a fourth, or between them, so that no one is wronged. If the loss is greater, then even more concession will have to be given.

1605. Commentary: This narration is weak in its chain of transmission. However, based on other supporting evidences, it is actionable. And the reason the estimator of the fruits should leave a third or a fourth part is because all of this is a matter of estimation. And there is certainly a possibility of increase or decrease in it. Furthermore, some of the fruits are also lost, and some are eaten by animals and the like. And some of it the owner also gives to the poor, the needy, and others. Therefore, by leaving a third or a fourth, compensation for all of these is achieved.

Lexical Explanation:
«اِذَا خَرَصْتُمْ» This address is directed towards the workers collecting zakat and government representatives. «خرص» means to estimate and assess. Here, «خرص» refers to the estimation of grapes and fresh dates on the trees. The method of estimating these two is that when sweetness appears in the grapes and dates, the estimator circles around the tree, glances over all the fruits, and estimates that when these grapes dry and become raisins, their quantity and weight will remain such, and when these dates dry, this much will remain. If it reaches the nisab (minimum threshold), zakat will be taken according to this estimation. For this estimation and assessment, one person is sufficient, provided he is fair-minded, just, and skilled in this work.

«فَخُذُوا» Thus, collect zakat according to the estimation. «خُذُوا» is an imperative form and is derived from «اخذ».

«وَدَعُو الثُّلُثَ . . . . الخ» Leave one-third of the estimated amount for the owners of the wealth.

One opinion is that a third or a fourth is left for the owners so that the owner himself can give charity and alms to his relatives, neighbors, and the poor and needy who ask, and in this matter—that is, in giving more than the obligatory amount in charity—he should not face hardship or difficulty.

Another opinion is that the third or fourth part should be separated from the original wealth before taking out the ‘ushr (tithe), so that there is ease and facility for the owner. He himself can eat from it, sell the ripe fruit, and, giving preference to his family, neighbors, and guests, spend on them. This amount, which has been ordered to be left, will be in place of those vegetables on which zakat is not due.

Benefits:
This hadith is among the virtues and excellences of Islamic law.

The author of "Subul al-Salam" has quoted this statement from Imam Ibn Taymiyyah rahimahullah: It is customary that when the fruit ripens, the owner of the fruit and his family eat from it, and sometimes others are also fed from it. Therefore, this amount cannot be stored. And in common practice, eating oneself and feeding others is considered in place of those vegetables which cannot be stored.

Hadith Narrator:
Hazrat Sahl bin Abi Hathmah radi Allahu anhu: The "seen" in Sahl is with a fatha and the "ha" is silent. His name is Abdullah or Amir bin Sa'idah bin Amir al-Ansari al-Khazraji al-Madani. He is counted among the young Companions. He was born in 3 AH. He settled in Kufa, but is counted among the people of Madinah, and he passed away in Madinah during the era of Mus'ab bin Zubair.