The Messenger of Allah (may peace be upon him) came out in the year of al-Hudaibbiyyah with over ten hundreds of Companions and when he came to Dhu al Hulaifah. He garlanded and marked the sacrificial animals, and entered the sacred state of Umrah. He then went on with the tradition. The Prophet moved on and when he came to the mountain, pass by which one descends (to Mecca) to them, his riding-beast knelt down, and the people said twice: Go on, go on, al-Qaswa has become jaded. The Prophet (May peace be upon him) said: She has not become jaded and that is not a characteristic of hers, but He Who restrained the elephant has restrained her. He then said: By Him in Whose hand my soul is, they will not ask any me good thing by which they honor which God has made sacred without my giving them it. He then urged her and she leaped up and he turned aside from them, and stopped at the farthest side of al-Hudaibiyyah at a pool with little water. Meanwhile Budail bin Warqa al-Khuza’I came, and ‘Urwah bin Mas’ud joined him. He began to speak to the Prophet (may peace be upon him). Whenever he spoke to the Prophet (may peace be upon him), he caught his beard. Al Mughriah bin Shu’bah was standing beside the Prophet (may peace be upon him).He had a sword with him, wearing a helmet. He (Al Mughriah) struck his (‘Urwah’s) hand with the lower end of his sheath, and said: Keep away your hand from his beard. ‘Urwah then raised his hand and asked: Who is this? They replied: Al-Mughirah bin Shu’bah. He said: O treacherous one! Did I not use my offices in your treachery? In pre-Islamic days Al-Mughirah bin Shu’bah accompanied some people and murdered them, and took their property. He then came (to the Prophet) and embraced Islam. The Prophet (may peace be upon him) said: As for Islam we accepted it, but as to the property, as it has been taken by treachery, we have no need of it. He went on with the tradition the Prophet (saws) said: Write down: This is what Muhammad, the Messenger of Allah, has decided. He then narrated the tradition. Suhail then said: And that a man will not come to you from us, even if he follows your religion, without you sending him back to us. When he finished drawing up the document, the Prophet (saws) said to his Companions: Get up and sacrifice and then shave. Thereafter some believing women who were immigrants came. (Allah sent down: O yea who believe, when believing women come to you as emigrants). Allah ...

Yahya related to me from Malik from Ziyad ibn Sad that Ibn Shihab said, "Neither jurur, nor musran al-fara, nor adhq ibn hubayq should be taken as zakat from dates. They should be included in the assessment but not taken as zakat. "

Malik said, "This is the same as with sheep and goats, whose young are included in the assessment but are not (actually) taken as zakat. There are also certain kinds of fruit which are not taken as zakat, such as burdi dates (one of the finest kinds of dates), and similar varieties.

Neither the lowest quality (of any property) nor the highest should be taken. Rather, zakat should be taken from average quality property."

Malik said, "The position that we are agreed upon concerning fruit is that only dates and grapes are estimated while on the tree. They are estimated when their usability is clear and they are halal to sell. This is because the fruit of date-palms and vines is eaten straightaway in the form of fresh dates and grapes, and so the assessment is done by estimation to make things easier for people and to avoid causing them trouble. Their produce is estimated and then they are given a free hand in using their produce as they wish, and later they pay the zakat on it according to the estimation that was made."

Malik said, "crops which are not eaten fresh, such as grains and seeds, which are only eaten after they have been harvested, are not estimated. The owner, after he has harvested, threshed and sifted the crop, so that it is then in the form of grain or seed, has to fulfil his trust himself and deduct the zakat he owes if the amount is large enough for him to have to pay zakat. This is the position that we are all agreed upon here (in Madina)."

Malik said, "The position that we are all agreed upon here (in Madina) is that the produce of date palms is estimated while it is still on the tree, after it has ripened and become halal to sell, and the zakat on it is deducted in the form of dried dates at the time of harvest. If the fruit is damaged after it has been estimated and the damage affects all the fruit then no zakat has to be paid. If some of the fruit remains unaffected, and this fruit amounts to five awsuq or more using the sa of the Prophet, may Allah bless him and grant him peace, then zakat is deducted from it. Zakat does not have to be paid, however, on the fruit that was damaged . Grapevines are dealt with in the same way.

If a man owns various pieces ...