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

 

 

 

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

In our region in southern Oman, specifically in the city of Taqah, there is a mosque that they say was built hundreds of years ago. This mosque is surrounded by graves, meaning it is in the middle and the graves are around it. People in our area differ, with some considering it permissible and others considering it forbidden to pray there. Moreover, my grandmother saw in a dream that she entered this mosque..."
 

Praying in this mosque is valid and and there is reprehensibility in its location so long as no grave exist within it. Besides, Sharia rulings aren't derived out of dreams. And Allah Knows Best. 

Is Zakah due on a woman`s deposited gold?

Zakah (obligatory charity) is due on deposited gold if it reached Nissab (minimum amount liable for Zakah), and a lunar year had lapsed over owning it. The due Zakah is (2.5%). And Allah Knows Best.

A person owns sheep or goats and occasionally feeds them from the grass in other people's orchards without the owners’ permission. Is it permissible to eat the meat of these animals if invited to do so? Is it permissible to purchase from these sheep whose owner feed them from people's orchards without their permission, and can one accept gifts from them, such as meat or milk?

 

 

 

Yes, it is permissible because the one who is accountable is their owner, and the cost of the grass on his accountability. In addition, in order to be on the safe side you should abstain from eating his products, because his sheep case is as if they were fed on impurities. And Allah Knows Best.

How are gaps filled during congregational prayer?

A praying person is allowed to take two steps in order to fill the gap in the row ahead. If the distance was long and requires much movement, then it is impermissible for one to move to fill it because much consecutive movement (three movements) during prayer invalidates it.