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

Who is required to give fidyah for fasting?

Fidyah—feeding one needy person for each missed fasting day—is required for:
1. Those who are permanently unable to fast, such as:
○ Elderly men and women who are too weak to fast.
○ People with chronic illnesses that have no hope of recovery.
2. Pregnant or breastfeeding women who break their fast out of fear for their child (fetus or infant).
3. A person who delays making up Ramadan fasts (qada) until the next Ramadan begins, without a valid excuse.
4. The estate of a deceased person who had missed obligatory fasts and had the ability to make them up but did not do so.

What is the ruling of Islamic Law on performing the Witr prayer after the Adhan for Fajr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The time for Witr prayer begins after the ‘Ishā' prayer and ends with the rising of true dawn (al-fajr aṣ-ṣādiq). If a Muslim performs it at any point within this window, it counts as performed on time.
It is also recommended to make up a missed Witr prayer at any time — whether before or after performing the Fajr prayer, or at any other time of day. On the authority of Abū Sa‘īd al-Khudrī (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever falls asleep and misses the Witr prayer, or forgets it, let him pray it when he remembers, or when he wakes up." (Related by at-Tirmidhī)
Shaykh al-Islām, Imam Ibn Ḥajar al-Haytamī (raḥimahullāh), says: "The time for Witr prayer is between the ‘Ishā' prayer and the rising of dawn, based on the authentic ḥadīth to this effect. If this time has passed, it is permissible for him to make it up (qaḍā') afterward." [Tuḥfat al-Muḥtāj]. And Allah, the Exalted, knows best.

Is it permissible for a woman to offer the obligatory prayer after Adhaan (call for prayer), and before Iqamah (The announcement that the prayer is about to begin) in the mosque?
 

Yes, it is permissible for a woman to offer the obligatory prayer immediately after the Adhan and before the Iqamah in the mosque. And Allah Knows Best.

Is it permissible to use unscented petroleum jelly (Vaseline) during ‘Umrah, in order to prevent skin chafing or irritation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
According to the Shāfi‘ī school, it is permissible for someone in the state of iḥrām to use oils and creams free of perfume/fragrance on parts of the body other than the head and beard, for a genuine medical need — such as preventing skin chafing or irritation. However, applying them to the head or beard remains unlawful.
Shaykh al-Islām, Imam an-Nawawī (raḥimahullāh), says in al-Majmū‘ (Vol.7/P.279): "Oils are of two types: the first is an oil that is neither perfumed itself nor contains any perfume — such as olive oil, sesame oil, ghee, butter, walnut oil, almond oil, and similar oils. The use of this type is not unlawful anywhere on the body, except on the head and beard — where its use is unlawful without any disagreement [among the scholars]." And Allah, the Exalted, knows best.