Articles

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

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

What is the ruling on a woman who learns of her divorce or her husband's death after her *ʿiddah* has ended? And does the *ʿiddah* of a woman who abandoned mourning (*iḥdād*) for the whole period of the *ʿiddah*, or part of it, still end, even though she knew that abandoning it is forbidden?**

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.
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As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.

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.

What is the ruling of Islamic Law on sitting between the two prostrations, and what is the ruling on the dhikr recited during it?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
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