Is Zakat obligatory for partners in a palm grove whose yield exceeds the nisab, knowing that the share of each individual does not reach the nisab?
The majority of scholars hold that there is no zakat due on a partner in this issue if he does not possess a complete nisab, based on the Prophet's (peace be upon him) saying: "There is no sadaqa (zakat) on dates less than five awsuq." And partnership (khultah) does not affect anything other than livestock, based on the Prophet's (peace be upon him) saying: "And the two partners are those who share a watering trough, a male animal, and pasture." Accordingly, there is no zakat on a group that has a shared field with crops, unless some of them acquire a complete nisab, in which case it becomes obligatory for them. This hadith, which Ibn Qudamah cited as proof, was narrated by Daraqutni and Bayhaqi, though there is some discussion regarding its chain of narration. The Malikis and those who agree with them stipulate for the zakat of khultah that each of the partners must own a nisab, even if the partners are partners in animals.
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