Zakat on Vegetables (Ushr)

By: Ghulam Mustafa Zaheer Ameenpuri

Question:

Is Zakat (Ushr) obligatory on vegetables?

Answer:

Zakat (Ushr) is not obligatory on vegetables. The following are the evidences supporting this:

Consensus of the Ummah:​

The scholars of the Ummah have reached a consensus that Zakat (Ushr) is not obligatory on vegetables. As stated:

Imam Abu Ubaid Qasim bin Salam said:"The scholars of Iraq, Hijaz, and Sham are unanimously agreed that no Zakat is due on vegetables, whether in small or large quantities, if grown on land subject to Ushr."[Kitab al-Amwal: 502]

◈ After quoting the statement of Imam Malik (may Allah have mercy on him), he writes:"The same opinion is held by Sufyan (al-Thawri) and all the scholars of Iraq, except for Abu Hanifa, who said that Zakat is due on both small and large quantities of produce from the land... However, his students opposed him and issued fatwas in agreement with the majority of scholars. All the narrations support this, and today the entire Ummah practices accordingly (that Zakat is not obligatory on vegetables)."[Kitab al-Amwal: 501]

Imam Tirmidhi (may Allah have mercy on him) states:"The practice among the scholars is that no Zakat is due on vegetables."[Sunan al-Tirmidhi: 638]

Nothing contrary to this has been proven.

Hadith of the Prophet (ﷺ):​

Abu Saeed al-Khudri (may Allah be pleased with him) narrates that the Messenger of Allah (ﷺ) said:"There is no Zakat on anything less than five awsuq (measure of weight)."[Sahih Bukhari: 1484, Sahih Muslim: 979]

This hadith is evidence that Zakat (Ushr) is not obligatory on vegetables.

Hafiz Khattabi (319-388H), commenting on this hadith, writes:"This hadith is used by those scholars who believe that no Zakat is due on vegetables because, according to them, vegetables are not measured (by volume). The hadith indicates that Zakat is only obligatory on items that are measured, like grains and fruits, and not on items that cannot be measured, such as fruits and vegetables. Most scholars agree with this view, except for Abu Hanifa, who believes that Zakat is obligatory on vegetables as well."[Ma'alim al-Sunan: 2/14]

Hafiz Ibn Hajar (may Allah have mercy on him) states:"Ibn al-Mundhir has reported a consensus that no Ushr is obligatory on any produce less than five awsuq, except for Abu Hanifa, who said that Ushr is obligatory on all things cultivated for the purpose of benefiting from the land’s growth, except for wood, bamboo, cannabis, and trees that do not bear fruit."[Fath al-Bari: 3/350]

Practice of the Early Generations:​

◈ The great Tabi'i Maymun bin Mihran (may Allah have mercy on him) was asked about Zakat on vegetables, and he replied:"There is no Zakat on vegetables until they are sold. If sold and the price reaches 200 dirhams (the minimum threshold), then Zakat of five dirhams is obligatory."[Kitab al-Amwal: 502, its chain is Hasan]

Imam Muhammad bin Muslim and Ibn Shihab al-Zuhri (may Allah have mercy on him) held the same opinion.[Also, its chain is Hasan]

Imam Hakim bin Utaibah (may Allah have mercy on him) from Kufa states:"There is no Zakat on vegetables."[Musannaf Ibn Abi Shaybah: 3/139, its chain is Hasan]

◈ The great Tabi'i Ata bin Abi Rabah (may Allah have mercy on him), the Mufti of Makkah, held the same opinion.[Musannaf Ibn Abi Shaybah: 3/139, its chain is Sahih]

Imam Mak-hul (may Allah have mercy on him) from Sham states:"There is no Zakat on vegetables unless they are turned into wealth; then Zakat becomes obligatory."[Musannaf Ibn Abi Shaybah: 3/139, its chain is Hasan]

Hanafi Position:​

The Hanafi scholars base their opinion on a weak narration:

"On produce watered by rain, Ushr (tenth) is obligatory; and on what is watered by animals or wells, one twentieth is obligatory, whether the amount is small or large."[Al-Tahqiq fi Masail al-Khilaf by Ibn al-Jawzi: 962, Nasb al-Rayah by al-Zayla'i: 2/385]

Commentary:This is a fabricated narration because:

  1. Abu Muti' al-Balkhi, one of the narrators, is extremely "weak." There is no evidence to support even a minimal degree of reliability.
  2. His teacher is unanimously considered "weak" by scholars of Hadith.
  3. Aban bin Ayyash is also unanimously considered "weak" and "abandoned."
Imam Shu'bah (may Allah have mercy on him) said:"I would rather commit adultery than narrate a hadith from Aban bin Abi Ayyash."[Al-Majroohin by Ibn Hibban: 1/97, its chain is Sahih]

Al-Zayla'i (Hanafi scholar) writes:"He (the narrator) is very weak."[Nasb al-Rayah: 2/385]

Ibn al-Jawzi (may Allah have mercy on him) says about this narration:"This chain is worthless."[Al-Tahqiq fi Masail al-Khilaf: 962]

This proves that the claim of obligatory Zakat on all types of produce, whether small or large, is baseless and without evidence.

Imam Hakim bin Utaibah (may Allah have mercy on him) states:"We learned from our companions that they did not consider Zakat obligatory on any produce except wheat, barley, dates, and raisins."[Musannaf Ibn Abi Shaybah: 3/139, its chain is Sahih]

Conclusion:​

Contrary to the consensus of the Ummah, Hadith of the Prophet (ﷺ), and the statements of scholars, some people cite general evidence to argue for Zakat on vegetables. However, such views are not given any credibility in scholarly circles.

Summary: Zakat (Ushr) is not obligatory on vegetables. However, if the income generated from selling them reaches the minimum threshold (Nisab), then Zakat becomes obligatory on the wealth generated.
 
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