What is the required amount to be left over during the estimation (kharas) of fruit yields?

Chapter on Zakat on Crops and Fruits

Al-Mughni

Book of Zakat

Book 8 · Issue 1 · Bab 4

Open in Qurani

Primary text

The estimator (*khaaris*) must leave one-third or one-fourth of the fruit yield as a concession for the property owners. This is because they require sustenance for themselves and their guests, and also need to provide for their neighbors, family, friends, and beggars. Leaving this portion also accounts for fruit that falls (*saqaatah*), fruit eaten by birds, and fruit taken by passersby, as taking the entirety would cause harm to the owners. This ruling is held by Ishaq, and similarly by Al-Layth and Abu Ubayd. The determination between leaving one-third or one-fourth depends on the estimator's judgment regarding the number of people who consume the fruit; one-third is left if the consumers are numerous, and one-fourth if they are few. This is based on the tradition narrated by Sahl ibn Abi Hathmah, where the Prophet (peace be upon him) commanded: "When you estimate, then take and leave one-third; and if you do not leave one-third, then leave one-fourth." Abu Ubayd, Abu Dawud, An-Nasa'i, and At-Tirmidhi narrated this. Furthermore, the Prophet (peace be upon him) instructed estimators to be lenient with the people because there exists the *Arayah* (gifted fruit), the *Wati'ah* (fruit taken by passersby), and the *Akalat* (those who eat the fruit, including the owners and their dependents).

Supporting text

The *Arayah* refers to a palm tree or trees whose fruit is gifted to someone. Regarding the *Arayah*, it has been established from the Prophet (peace be upon him) that "There is no charity (*sadaqah*) upon the *Araya*." Umar (may Allah be pleased with him) instructed Sahl ibn Abi Hathmah to leave for the people what they eat when estimating fruit belonging to a group who habitually partakes of it.