Is Zakat due on the yield (fruit or crops) from endowed property when the endowment is designated for specific individuals?

General Chapter

Al-Mughni

Book of Endowments (Awqaf) and Donations

Book 27 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the endowment is trees that bear fruit or land that is cultivated, and the endowment is designated for specific named individuals, then if any of them obtain the equivalent of the *nisab* (threshold) from the fruit or grain, Zakat is obligatory upon them. This is the view held by Malik and Al-Shafi'i. The evidence is that they have benefited from their right or tree to an amount reaching the *nisab*, similar to non-endowed property. Furthermore, the ownership of the yield is complete, allowing full disposal and inheritance, necessitating Zakat, just like produce from rented land where the benefit is secured.

Supporting text

A narration from Tawus and Makhul states that no Zakat is due because the land is not owned by them, thus no Zakat is due on what originates from it, analogous to the condition of the poor (misakin). However, this is refuted by arguing that ownership of the benefit suffices for Zakat obligation, as evidenced by rented land.