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Zakah on Agricultural Crops
Q. You mentioned in the past that zakah is payable on agricultural produce at the rate of 10 percent of the produce if the land is irrigated by rain and 5 percent if it is irrigated by machines and efforts. We have a land which is irrigated by rain and flood water, but to use flood water we have to construct dams, excavate small channels, using bulldozers and earth-moving machinery, and to maintain these year after year. What rate will apply in this case?
A. It is not possible for me to give an opinion on a question put in such general terms, without looking at the case in more detail. What you actually need to do is to put the question to a local scholar who will assess how much effort is needed in the irrigation of your land year after year. For example, you speak of constructing dams and making channels. Once these are made, they are in place. Of course, they may need some maintenance work every year, but what does this actually involve in any particular year need to be considered. If it is a small task, then it should be discounted, and if it involves laborious and costly work, it must be taken into account.
Moreover, I suspect that such work is done by the farmers of a particular area joining efforts to provide rain and flood water to all their land. It is rarely the case that a particular farmer will have to undertake such a project on his own, unless he has extensive land. What I will give you here is the principles that apply in your case. You have to look at these further with the help of a local scholar whom you trust to have good knowledge.
We need to mention some of the Hadiths that provide the basis of what we have said. Mu’adh ibn Jabal quotes the Prophet (Pbuh) as saying: “One tenth is levied on what is irrigated by rain or floods, or does not need irrigation; but half of one-tenth is levied on what is irrigated by drawn water.” (Related by Al-Bayhaqi and Al-Hakim]. Abdullah ibn Umar quotes the Prophet as saying: “For what is irrigated with water from the skies and springs or does not need irrigation, zakah is payable at the rate of one-tenth, and what is irrigated with drawn water pays half of one-tenth.” (Related by Al-Bukhari and others).
If a land is irrigated one time with machines and one time naturally, then it pays three quarters of one-tenth, if the alternation is equal, but where one method is used more often, then that method provides the basis of calculation.
Whatever a farmer spends on his farm, including harvest, transport, storage, etc. cannot be paid with zakah money. It should be taken from the farmer’s own money. If he needs to borrow in order to procure such services, he pays his debt from what he receives from his produce and pays zakah on what is left.
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