What is the ruling if more than the obligatory Zakat is taken from the owners?

Chapter on Zakat on Crops and Fruits

Al-Mughni

Book of Zakat

Book 8 · Issue 5 · Bab 4

Open in Qurani

Primary text

If more than the legally required amount is taken from the owners, Ahmad stated that the excess should be credited towards the Zakat obligation for the following year. However, Abu Dawud narrated from Ahmad that the excess should not be credited, viewing the taking as an act of usurpation (*ghaṣb*). Abu Bakr agrees with the latter position.

Supporting text

It is plausible to reconcile these two narrations: the excess is credited if the owner intended to expedite the payment for the subsequent year, but it is not credited if such an intention was absent.