Is Zakah obligatory on a partner's share if the other partner is exempt?
General Chapter
Al-Mughni
Book of Sharecropping (Musāqāh)
Primary text
If one partner is exempt from Zakah, such as a Mukatab (contracted slave) or a Dhimmi (non-Muslim citizen), the other partner must pay Zakah on his share if it reaches the Nisab. Malik and Al-Shafi'i held this view. The evidence cited is the narration from Abu Dawud in his Sunan, where Aisha related that the Messenger of Allah (peace be upon him) sent Abdullah ibn Rawahah to estimate the yield of the palm trees at Khaybar before consumption, allowing the Jews to either accept the estimate or pay Zakah based on it, ensuring Zakah was assessed before the fruits were consumed or distributed. This illustrates that Zakah is assessed on the share that is subject to obligation.
Supporting text
Al-Layth held that if the partner was a Christian, the payer should inform him that Zakah has been paid on the entire garden, and then division occurs on the remainder.