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Some Rulings on the Zakah Due on Olives
Author : The General Iftaa` Department
Date Added : 08-11-2015

First: Zakah is Due on Olives

According to the Hanafites, the Malikites, the early statement of Ash-Shafi`e, and one narration of the Hanbalites, Zakah is due on olives because its produce can be stored away for future usage. Please refer to [Al-Hawi, vol.3/pp.505-506] by Al-Mawardi.

 

Second: The Nisaab of Olives Zakah

The Nisaab of olives Zakah is five Awsuq according to the opinion of the majority of the Muslim scholars, contrary to Abu Hanifa`s opinion as regards the Nisaab of crops and fruits. If the amount of olives was less than five Awsuq, then no Zakah is due on it, but if it was five or more, then Zakah is due on it, as indicated by the following Hadith: The Prophet (PBUH) said: "There is no Zakat on less than five Awsuq (of dates), or on less than five camels, or on less than five Awaq of silver." (22 Yemeni Riyals Faransa)" [Agreed upon].

According to modern weights and measurements, the Nisaab of olives Zakah is (611kgs.), as stated in the book, [Al-Maqadeer Ash-Shar`iah (pp.201] by Al-Kurdi. Here, what counts is the weight of the olives, not the oil.

 

Third: The Amount of the Zakah Due on Olives

On the land irrigated by rain water, Ushr (i.e. one-tenth)is compulsory as Zakah; and on the land irrigated by the well, half an Ushr (i.e. one tenth)is compulsory as Zakah paid by the owner, whether the yield was olives, or olive oil. This is indicated by the Hadith of the Prophet (PBUH) who said: "On a land irrigated by rain water or by natural water channels or if the land is wet due to a nearby water channel Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory (as Zakat on the yield of the land)." [Bukhari].

 

Fourth: It is preferable that Olives Zakah is Given as Oil

Ash-Shafi`e (May Allah bless him) said, "It is permissible to give olives as Zakah, but it is preferable to give one Ushr as oil."

Kindly refer to the book: [Al-Majmou`] by An-Nawawi.

 

Fifth: Olives Zakah is to be Given by the Owner if he Sold the Fruits while on the Tree

It is impermissible to sell the olives while on the trees, save if they are obviously ripe. In this case, the Zakah is due on the owner alone, because the Zakah becomes due when the olives are ripe, and they were while in his possession. Please refer to [Moghni Al-Mohtajj, vol.4/pp.461]. However, if the owner sold the olives after they had become obviously ripe, then it is obligatory that he exclude the amount of Zakah from that deal, or to notify the purchaser in order to avoid dispute.

 

Sixth: Ruling on Exchanging Olives with Olive Oil

It is impermissible to exchange olives with olive oil; rather, it should take the form of sell and buy transaction in order to avoid usury (Riba). This is because olives are the origin of olive oil, and it is impermissible to exchange two items of the same kind. Please refer to [Al-Mohazab, vol.2/pp.37] by Ash-Shirazi and [Al-Hawee, vol.5/pp.243] by Al-Mawardi.

Seventh: It is preferable to give Zakah from the same kind on which Zakah is due. However, it is permissible to give the Zakah in cash to facilitate for the recipients and to achieve that, which is best to the poor, as indicated by the Hanafites Mazhab (Juristic school). Please refer to [Al-Ikhtiar Li`ta`leel Al-Mokhtar, vol.1/pp.102]. 

 

Eighth: The Costs of Pressing Olive Oil aren`t Deducted from its Zakah

Costs of processing the olive oil aren`t to be deducted from the Zakah due on it; rather, the Zakah should be given from the overall yield. Please refer to [Moghni Al-Mohtajj, vol.4/pp.461] by Ash-Shirbini. The proof of this is that the Islamic Sharia has differentiated the amount of the due Zakah on basis of the irrigation costs; therefore, it prescribed an Ushr (one-tenth) in case the costs of irrigation were paid by the farmer. Had all the costs of cultivation been deducted, there wouldn`t have been such a variation in the amount of the obligatory Zakah. Accordingly, the farmer either gives the Zakah from the olives yield before pressing, or from the net olive oil after pressing, and the cost of pressing the olives isn`t to be deducted from the due Zakah.

 

For More

* Ruling on Picking up Leftover and Fallen Fruits at Harvest Time
* Islamic Ruling when Owner of Olive Grove Stipulates Taking a Certain Number of Olive Oil Tins after Production
* Ruling of Islamic Law on Paying the Zakat of Olives with Old Oil

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

What does "All the deeds of the son of Adam are for him, except fasting" mean?

The Prophet ﷺ said: "Allah, the Almighty, said: 'Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it." [Agreed upon]
This means:
● Every deed of the son of Adam may be affected by showing off (riyaa’), except fasting, because only Allah knows whether a person is truly fasting or not.
● The reward for all deeds is known—one good deed is multiplied tenfold—except fasting, as only Allah knows its true reward.