Malik said, "The sunna that we are all agreed upon here (in Madina) and which I have heard from the people of knowledge, is that there is no zakat on any kind of fresh (soft) fruit, whether it be pomegranates, peaches, figs or anything that is like them or not like them as long as it is fruit."

He continued, "No zakat has to be paid on animal fodder or herbs and vegetables of any kind, and there is no zakat to pay on the price realised on their sale until a year has elapsed over it from the day of sale which counts as the time the owner receives the sum."

Abu Bakr wrote to me what was made compulsory by Allah's Apostle and that was (regarding the payments of Zakat): Neither the property of different people may be taken together nor the joint property may be split for fear of (paying more, or receiving less) Zakat.

Al-Hasan bin `Ali took a date from the dates given in charity and put it in his mouth. The Prophet said, "Expel it from your mouth. Don't you know that we do not eat a thing which is given in charity?"

Abu Bakr , wrote to me about the Zakat which Allah had ordered His Apostle to observe: Whoever had to pay Jahda (Jahda means a four-year-old she-camel) as Zakat from his herd of camels and he had not got one, and he had Hiqqa (three-year-old she-camel), that Hiqqa should be accepted from him along with two sheep if they were available or twenty Dirhams (one Durham equals about 1/4 Saudi Riyal) and whoever had to pay Hiqqa as Zakat and he had no Hiqqa but had a Jadha, the Jadha should be accepted from him, and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Hiqqa as Zakat and he had not got one, but had a Bint Labun (two-year-old she-camel), it should be accepted from him along with two sheep or twenty Dirhams; and whoever had to pay Bint Labun and had a Hiqqa, that Hiqqa should be accepted from him and the Zakat collector should repay him twenty Dirhams or two sheep; and whoever had to pay Bint Labun and he had not got one but had a Bint Makhad (one-year-old she camel), that Bint Makhad should be accepted from him along with twenty Dirhams or two sheep.

Allah's Apostle (p.b.u.h) appointed a man called Ibn Al-Lutbiya, from the tribe of Al-Asd to collect Zakat from Bani Sulaim. When he returned, (after collecting the Zakat) the Prophet checked the account with him.

A man said to Allah's Apostle , "My mother died, will it benefit her if I give in charity on her behalf?" The Prophet replied in the affirmative. The man said, "I have a garden and I make you a witness that I give it in charity on her behalf."

Sa'd bin 'Ubada Al-Ansari sought the verdict of Allah's Apostle regarding a vow made by his mother who had died before fulfilling it. Allah's Apostle said, "Fulfill it on her behalf." Some people said, "If the number of camels reaches twenty, then their owner has to pay four sheep as Zakat; and if their owner gives them as a gift or sells them in order to escape the payment of Zakat cunningly before the completion of a year, then he is not to pay anything, and if he slaughters them and then dies, then no Zakat is to be taken from his property."

Malik said, "In my opinion, and Allah knows best, nothing is taken from what comes out of mines until what comes out of them reaches a value of twenty gold dinars or two hundred silver dirhams. When it reaches that amount there is zakat to pay on it where it is on the spot. Zakat is levied on anything over that, according to how much of it there is as long as there continues to be a supply from the mine. If the vein runs out, and then after a while more becomes obtainable, the new supply is dealt with in the same way as the first, and payment of zakat on it is begun on it as it was begun on the first.

Malik said, "Mines are dealt with like crops, and the same procedure is applied to both. Zakat is deducted from what comes out of a mine on the day it comes out, without waiting for a year, just as a tenth is taken from a crop at the time it is harvested, without waiting for a year to elapse over it."

Al-Hasan bin 'All took a date from the dates of the Sadaqa and put it in his mouth. The Prophet said (to him) in Persian, "Kakh, kakh! (i.e. Don't you know that we do not eat the Sadaqa (i.e. what is given in charity) (charity is the dirt of the people)).

Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from a son of Abdullah ibn Sufyan ath-Thaqafi from his grandfather Sufyan ibn Abdullah that Umar ibn al-Khattab once sent him to collect zakat. He used to include sakhlas (when assessing zakat), and they said, "Do you include sakhlas even though you do not take them (as payment)?" He returned to Umar ibn al-Khattab and mentioned that to him and Umar said, "Yes, you include a sakhla which the shepherd is carrying, but you do not take it. Neither do you take an akula, or a rubba, or a makhid, or male sheep and goats in their second and third years, and this is a just compromise between the young of sheep and goats and the best of them."

Malik said, "A sakhla is a newborn lamb or kid. A rubba is a mother that is looking after her offspring, a makhid is a pregnant ewe or goat, and an akula is a sheep or goat that is being fattened for meat."

Malik said, about a man who had sheep and goats on which he did not have to pay any zakat, but which increased by birth to a zakatable amount on the day before the zakat collector came to them, "If the number of sheep and goats along with their (newborn) offspring reaches a zakatable amount then the man has to pay zakat on them. That is because the offspring of the sheep are part of the flock itself. It is not the same situation as when some one acquires sheep by buying them, or is given them, or inherits them. Rather, it is like when merchandise whose value does not come to a zakatable amount is sold, and with the profit that accrues it then comes to a zakatable amount. The owner must then pay zakat on both his profit and his original capital, taken together. If his profit had been a chance acquisition or an inheritance he would not have had to pay zakat on it until one year had elapsed over it from the day he had acquired it or inherited it."

Malik said, "The young of sheep and goats are part of the flock, in the same way that profit from wealth is part of that wealth. There is, however, one difference, in that when a man has a zakatable amount of gold and silver, and then acquires an additional amount of wealth, he leaves aside the wealth he has acquired and does not pay zakat on it when he pays the zakat on his original wealth but waits until a year has elapsed over what he has acquired from the day he acquired it. Whereas a man who has a zakatable amount of sheep and goats, or cattle, or camels, and then acquires another camel, cow, sheep or goat, pays zakat on it at the same time that he pays the zakat on the others of its kind, if he already has a zakatable amount of livestock of that particular kind."

Malik said, "This is the best of what I have heard about this. "

Malik was asked whether the tenth or the twentieth was taken out of olives before they were sold or after and he said, "The sale is not taken into consideration. It is the people who produce the olives that are asked about the olives, just as it is the people who produce foodstuffs that are asked about it, and zakat is taken from them by what they say. Someone who gets five awsuq or more of olives from his olive trees has a tenth taken from the oil after pressing. Whereas someone who does not get five awsuq from his trees does not have to pay any zakat on the oil."

Malik said, "Someone who sells his crops when they are ripe and are ready in the husk has to pay zakat on them but the one who buys them does not. The sale of crops is not valid until they are ready in the husk and no longer need water."

Malik said, concerning the word of Allah the Exalted, "And give its due on the day of its harvesting," that it referred to zakat, and that he had heard people saying that.

Malik said, "If someone sells his garden or his land, on which are crops or fruit which have not yet ripened, then it is the buyer who has to pay the zakat. If, however, they have ripened, it is the seller who has to pay the zakat, unless paying the zakat is one of the conditions of the sale."

`Umar got some property in Khaibar and he came to the Prophet and informed him about it. The Prophet said to him, "If you wish you can give it in charity." So `Umar gave it in charity (i.e. as an endowment) the yield of which was to be used for the good of the poor, the needy, the kinsmen and the guests.

Whenever Allah's Apostle (p.b.u.h) ordered us to give in charity, we used to go to the market and work as porters and get a Mudd (a special measure of grain) and then give it in charity. (Those were the days of poverty) and today some of us have one hundred thousand.

Once the Prophet went to `Aisha and asked her whether she had something (to eat). She said that she had nothing except the mutton which Um 'Atiyya had sent to (Barirah) in charity. The Prophet said that it had reached its destination (i.e. it is no longer an object of charity.)

Once I said, "O Allah's Apostle! I have no property except what has been given to me by Az-Zubair (i.e. her husband). May I give in charity?" The Prophet said, "Give in charity and do not withhold it; otherwise Allah will withhold it back from you . "

Yahya related to me from Malik from Ibn Shihab from as-Sa'ib ibn Yazid that Uthman ibn Affan used to say, "This is the month for you to pay your zakat. If you have any debts then pay them off so that you can sort out your wealth and take the zakat from it."

Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."

Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."

When we were ordered to give alms, we began to work as porters (to earn something we could give in charity). Abu `Aqil came with one half of a Sa` (special measure for food grains) and another person brought more than he did. So the hypocrites said, "Allah is not in need of the alms of this (i.e. Abu `Aqil); and this other person did not give alms but for showing off." Then Allah revealed:-- 'Those who criticize such of the Believers who give charity voluntarily and those who could not find to give in charity except what is available to them.' (9.79)

Three principles were established because of Barira: (i) When Banra was manumitted she was given the option (to remain with her slave husband or not). (ii) Allah's Apostle said "The Wala of the slave) is for the one who manumits (the slave). (iii) When Allah's Apostle entered (the house), he saw a cooking pot on the fire but he was given bread and meat soup from the soup of the home. The Prophet said, "Didn't I see the cooking pot (on the fire)?" It was said, "That is the meat given in charity to Barira, and you do not eat the (things given in) charity." The Prophet said, "It is an object of charity for Barira, and it is a present for us."

When Allah's Apostle (p.b.u.h) sent Mu`adh to Yemen, he said (to him), "YOU are going to people of a (Divine) Book. First of all invite them to worship Allah (alone) and when they come to know Allah, inform them that Allah has enjoined on them, five prayers in every day and night; and if they start offering these prayers, inform them that Allah has enjoined on them, the Zakat. And it is to be taken from the rich amongst them and given to the poor amongst them; and if they obey you in that, take Zakat from them and avoid (don't take) the best property of the people as Zakat."

Yahya related to me from Malik from a reliable source from Sulayman ibn Yasar and from Busr ibn Said that the Messenger of Allah, may Allah bless him and grant him peace, said, "On land that is watered by rain or springs or any natural means there is (zakat to pay of) a tenth. On irrigated land there is (zakat of) a twentieth (to pay)."

The Prophet said, "On a land irrigated by rain water or by natural water channels or if the land is wet due to a near by water channel Ushr (i.e. one-tenth) is compulsory (as Zakat); and on the land irrigated by the well, half of an Ushr (i.e. one-twentieth) is compulsory (as Zakat on the yield of the land)."

Maliksaid, "Payment of all types of kaffara, of zakat al-fitr and of the zakat on grains for which a tenth or a twentieth is due, is made using the smaller mudd, which is the mudd of the Prophet, may Allah bless him and grant him peace, except in the case of dhihar divorce, when the kaffara is paid using the mudd of Hisham, which is the larger mudd."

I heard the Prophet saying, "O people! Give in charity as a time will come upon you when a person will wander about with his object of charity and will not find anybody to accept it, and one (who will be requested to take it) will say, "If you had brought it yesterday, would have taken it, but today I am not in need of it."

The Prophet went to `Aisha and asked her whether she had something (to eat). She replied that she had nothing except the mutton (piece) which Nusaiba (Um 'Atiyya) had sent to us (Barira) in charity." The Prophet said, "It has reached its place and now it is not a thing of charity but a gift for us."

Yahya said that Malik said, concerning two associates, "If they share one herdsman, one male animal, one pasture and one watering place then the two men are associates, as long as each one of them knows his own property from that of his companion If someone cannot tell his property apart from that of his fellow, he is not an associate, but rather, a co-owner "

Malik said, "It is not obligatory for both associates to pay zakat unless both of them have a zakatable amount (of livestock). If, for instance, one of the associates has forty or more sheep and goats and the other has less than forty sheep and goats, then the one who has forty has to pay zakat and the one who has less does not. If both of them have a zakatable amount (of livestock) then both of them are assessed together (i.e the flock is assessed as one) and both of them have to pay zakat. If one of them has a thousand sheep, or less, that he has to pay zakat on, and the other has forty, or more, then they are associates, and each one pays his contribution according to the number of animals he has - so much from the one with a thousand, and so much from the one with forty.

Malik said, "Two associates in camels are the same as two associates in sheep and goats, and, for the purposes of zakat, are assessed together if each one of them has a zakatable amount (of camels). That is because the Messenger of Allah, may Allah bless him and grant him peace, said, 'There is no zakat on less than five head of camels,' and Umar ibn al-Khattab said, 'On grazing sheep and goats, if they come to forty or more - one ewe.' "

Yahya said that Malik said, "This is what I like most out of what I have heard about the matter."

Malik said that when Umar ibn al-Khattab said, "Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat," what he meant was the owners of livestock.

Malik said, "What he meant when he said, 'Those separated should not be gathered together' is, for instance, that there is a group of three men, each of whom has forty sheep and goats, and each of whom thus has to pay zakat. Then, when the zakat collector is on his way ,they gather their flocks together so that they only owe one ewe between them. This they are forbidden to do. What he meant when he said, 'nor should those gathered together be separated,' is, for instance, that there are two associates, each one of whom has a hundred and one sheep and goats, and each of whom must therefore pay three ewes. Then, when the zakat collector is on his way, they split up their flocks so that they only have to pay one ewe each. This they are forbidden to do. And so it is said, 'Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.' "

Malik said, "This is what I have heard about the matter."

The Prophet said, "The example of a miser and the one who gives in charity, is like the example of two men wearing iron cloaks so tightly that their arms are raised forcibly towards their collar-bones. So, whenever a charitable person wants to give in charity, his cloak spreads over his body so much so that it wipes out his traces, but whenever the miser wants to give in charity, the rings (of the iron cloak) come closer to each other and press over his body, and his hands gets connected to his collarbones. Abu Huraira heard the Prophet saying. "The miser then tries to widen it but in vain."

Allah's Apostle said: Islam is based on (the following) five (principles):

1. To testify that none has the right to be worshipped but Allah and Muhammad is Allah's Apostle.

2. To offer the (compulsory congregational) prayers dutifully and perfectly.

3. To pay Zakat (i.e. obligatory charity) .

4. To perform Hajj. (i.e. Pilgrimage to Mecca)

5. To observe fast during the month of Ramadan.

A man came to the Prophet and asked, "O Allah's Apostle! Which charity is the most superior in reward?" He replied, "The charity which you practice while you are healthy, niggardly and afraid of poverty and wish to become wealthy. Do not delay it to the time of approaching death and then say, 'Give so much to such and such, and so much to such and such.' And it has already belonged to such and such (as it is too late)."

The Prophet said, "If a woman gives in charity from her husband's house .." The Prophet (p.b.u.h) also said, "If a lady gives meals (in charity) from her husband's house without spoiling her husband's property, she will get a reward and her husband will also get a reward likewise. The husband will get a reward because of his earnings and the woman because of her spending."

Wahb said: I asked Jabir about the condition of Thaqif when they took the oath of allegiance. He said: They stipulated to the Prophet (saws) that there would be no sadaqah (i.e. zakat) on them nor Jihad (striving in the way of Allah). He then heard the Prophet (saws) say: Later on they will give sadaqah (zakat) and will strive in the way of Allah when they embrace Islam.

The Prophet said, "There is no Zakat either on a slave or on a horse belonging to a Muslim."

Yahya related to me from Malik from Yahya ibn Said that Muhammad ibn Yahya ibn Habban said, "Two men from the Ashja tribe told me that Muhammad ibn Maslama al-Ansari used tocome to them to collect their zakat, and he would say to anyone who owned livestock, 'Select (the animal for) the zakat on your livestock and bring it to me,' and he would accept any sheep that was brought to him provided it met the requirements of what the man owed."

Malik said, "The sunna with us, and what I have seen the people of knowledge doing in our city, is that things are not made difficult for the muslims in their paying zakat, and whatever they offer of their livestock is accepted from them."

Allah's Apostle said, "There is no Zakat either on a horse or a slave belonging to a Muslim."

"In the name of Allah, the Merciful, the ompassionate."

The Book of Zakat.

On twenty-four camels or less zakat is paid with sheep, one ewe for every five camels.

On anything above that, up to thirty-five camels, a she-camel in its second year, and, if there is no she camel in its second year, a male camel in its third year.

On anything above that, up to forty-five camels, a she- camel in its third year.

On anything above that, up to sixty camels, a she camel in its fourth year that is ready to be sired.

On anything above that, up to seventy-five camels, a she-camel in its fifth year.

On anything above that, up to ninety camels, two she-camels in their third year.

On anything above that, up to one hundred and twenty camels, two she-camels in their fourth year that are ready to be sired.

On any number of camels above that, for every forty camels, a she-camel in its third year, and for every fifty, a she-camel in its fourth year.

On grazing sheep and goats, if they come to forty or more, up to one hundred and twenty head, one ewe.

On anything above that, up to two hundred head, two ewes.

On anything above that, up to three hundred, three ewes.

On anything above that, for every hundred, one ewe.

A ram should not be taken for zakat. nor an old or an injured ewe, except as the zakat-collector thinks fit.

Those separated should not be gathered together nor should those gathered together be separated in order to avoid paying zakat.

Whatever belongs to two associates is settled between them proportionately.

On silver, if it reaches five awaq (two hundred dirhams), one fortieth is paid."

`Aisha intended to buy Barira (a slave-girl) in order to manumit her and her masters intended to put the condition that her Al-wala would be for them. `Aisha mentioned that to the Prophet who said to her, "Buy her, as the "Wala" is for the manumitted." Once some meat was presented to the Prophet and `Aisha said to him, "This (meat) was given in charity to Barira." He said, "It is an object of charity for Barira but a gift for us."

When the deputation of Thaqif came to the Messenger of Allah (saws), he made them stay in the mosque, so that it might soften their hearts. They stipulated to him that they would not be called to participate in Jihad, to pay zakat and to offer prayer. The Messenger of Allah (saws) said: You may have the concession that you will not be called to participate in jihad and pay zakat, but there is no good in a religion which has no bowing (i.e. prayer).

Ibn `Umar used to give the Zakat of Ramadan (Zakat-al-Fitr) according to the Mudd of the Prophet, the first Mudd, and he also used to give things for expiation for oaths according to the Mudd of the Prophet. Abu Qutaiba said, "Malik said to us, 'Our Mudd (i.e., of Medina) is better than yours and we do not see any superiority except in the Mudd of the Prophet!' Malik further said, to me, 'If a ruler came to you and fixed a Mudd smaller than the one of the Prophet, by what Mudd would you measure what you give (for expiation or Zakat-al-Fitr?' I replied, 'We would give it according to the Mudd of the Prophet' On that, Malik said, 'Then, don't you see that we have to revert to the Mudd of the Prophet ultimately?'"

The Prophet appointed a man from the tribe of Al-Azd, called Ibn 'Utbiyya for collecting the Zakat. When he returned he said, "This (i.e. the Zakat) is for you and this has been given to my as a present." The Prophet said, "Why hadn't he stayed in his father's or mother's house to see whether he would be given presents or not? By Him in Whose Hands my life is, whoever takes something from the resources of the Zakat (unlawfully) will be carrying it on his neck on the Day of Resurrection; if it be a camel, it will be grunting; if a cow, it will be mooing; and if a sheep, it will be bleating." The Prophet then raised his hands till we saw the whiteness of his armpits, and he said thrice, "O Allah! Haven't I conveyed Your Message (to them)?"

Umar bin Khattab got some land in Khaibar and he went to the Prophet to consult him about it saying, "O Allah's Apostle I got some land in Khaibar better than which I have never had, what do you suggest that I do with it?" The Prophet said, "If you like you can give the land as endowment and give its fruits in charity." So `Umar gave it in charity as an endowment on the condition that would not be sold nor given to anybody as a present and not to be inherited, but its yield would be given in charity to the poor people, to the Kith and kin, for freeing slaves, for Allah's Cause, to the travelers and guests; and that there would be no harm if the guardian of the endowment ate from it according to his need with good intention, and fed others without storing it for the future."