What if the yield of agricultural products was sold before paying Zakah?

21-1-2014 | IslamWeb

Question:

I entered into a partnership with a person by giving him capital with which he cultivates. The profit yielded is divided according to a previously agreed upon rate (i.e. for example, 80% for the owner of the capital and 20% for the person participating with his effort). Is it permissible for me to pay the due Zakaah in the form of money with a rate that equals the Zakaah of the agricultural products: ("If a land is irrigated by rain water, one-tenth is compulsory (as Zakaah); and if a land is irrigated by a well, one-twentieth is compulsory (as Zakaah on the yield of the land)") because my partner sells the yield then gives me cash?

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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.

If the mentioned person uses this money to rent land for cultivation and maintains the plants till they are harvested and the harvest is sold and then you divide the profit, then this transaction is valid. You should pay the Zakah from the yield before selling it. If it is sold and the capital is free from losses and each of you knew his share of the profit of the transaction, then you should calculate your Zakah according to your shares therein. However, if it is sold before the Zakah is paid, should the value of Zakah be paid? There is a difference of opinion on this. The majority of scholars hold the view that the value of Zakah should not be paid. You should buy an amount that equals the due Zakah of the same type of yield and it should then be given to those who deserve it.

Allaah Knows best.