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Fatwa CenterEating of fruits before paying their zakat
Question
I possess palm trees; can I eat from the dates before paying zakat? There are also other sorts that become worthless if dried, so how do I estimate the zakat for them? In addition, we sell dates in two different stages, before and after they are dried, so is it permissible to pay zakat in the form of money instead of dates? Please reply in detail.
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.
There is nothing wrong with eating, selling and gifting dates before paying their zakat. However, this must be preceded by estimating the production of this tree or the entire farm. Thus, if the production of the entire farm has been estimated, then you may eat of it since the amount of zakat is already known. In his book, Al-Muwatta`, Imaam Maalik 
said: "The zakat of dates and grapes is estimated when they are ripe and valid to be sold, since they are eaten fresh. Thus, their owners must hasten to distribute them to the people so as to avoid causing people to encounter any hardships…” Then he said: "If the owner’s farm was afflicted by an epidemic after the estimation was made and before harvesting the fruits, he is to evaluate his loss and then estimate the entire production of the farm, including those of high and low quality as well as what is to be consumed fresh or preserved and sold after they are dried. You pay zakat on the moderate type so you do not have to choose the best or lowest quality. The due amount is half of one-tenth (i.e. 5%) of the whole sum if a means of irrigation was used. Otherwise, if you did not use a machine or pay for irrigation, then you have to pay one-tenth (i.e. 10%) of the total production. However, it is permissible to pay zakat in the form of money instead of dates for the benefit of the poor or other needs, according to the most preponderant opinion. Otherwise, if there is no need or benefit to the poor, it is not permissible.
Allaah Knows best.
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